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Research On The Reform Of The Administrative System Of Forensic Expertise In China

Posted on:2020-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2416330596981098Subject:Law
Abstract/Summary:PDF Full Text Request
How to construct the management system of judicial expertise has always been a question that scholars and experts have been pondering and discussing continuously in our country,especially the introduction of the opinions on the implementation of a sound and unified judicial expertise management system by the central authorities in2017.It points out a new direction and a new way for the future reform of judicial appraisal management system.Based on the changes of current relevant legal norms and policies,this paper summarizes and integrates the construction principles and methods of judicial expertise management system in China on the basis of studying and analyzing the past problems.And put forward personal understanding and conception to its future development.Based on the two main types of judicial authentication institutions in our country(that is,the establishment of identification institutions and social identification institutions)as the starting point,this paper studies and discusses the management system of judicial identification in China based on the problem-oriented approach.First of all,from the macro-angle of judicial identification system,this paper analyzes and combs the function of judicial expertise management system in it.In order to have a full understanding of the importance of the judicial expertise management system and the necessity of the reform of the judicial expertise management system;In the first part of the thesis,the author also generalizes and interprets the value attribute of judicial expertise,because it is not only the purpose of the reform of judicial expertise management system,but also the purpose of the reform of judicial expertise management system.It is also the measure of the success or failure of the system reform of the judicial authentication,so the core importance of the value attribute of the forensic appraisal cannot be ignored in the reform of the management system.Secondly,the paper makes a summary and analysis of the existing problems in the management system of the forensic appraisal,which is mainly aimed at the establishment and operation characteristics of the appraisal institution and the social identification institution in the investigative organ,and the examination and registration management of the appraisal institution and the objectivity of the appraisal opinions,respectively.The research and analysis of the problems such as the market-oriented development,the quasi-entry conditions,the management of the standard system and the liability.Onceagain,the paper is directed to the inside of the investigating organ,and the appraisal institution is in the management body.On the basis of adhering to the unified management of judicial appraisal institutions,we should make timely adjustments to the connotation of unified management in the light of the actual situation.At the same time,on the basis of understanding the particularity of identification business in the investigation activities,we should establish the investigation separation management system which meets the requirement of neutrality.Finally,the paper discusses the reform of the management system of the social appraisal institution,and the author insists on finding a solution to the unreasonable problem of the appraisal fee under the market-oriented and service-oriented development direction of the social appraisal institution.It is believed that the responsibility can be borne by standardizing the appraisal responsibility,and the management function of the trade association can be brought into play.In addition,from the perspective of the court,the supervision and regulation of social appraisal institutions can be realized to a certain extent.In this paper,the reform and perfection is partly based on the consideration of logic and primary and secondary contradictions,and the contents of the structure have not been arranged strictly in accordance with the order of discussion of the problems,but the suggestions and measures put forward by the author are in fact beyond the scope of the mentioned management system problems.In addition,this article from the two categories of specific identification institutions as a research perspective,but the whole is still based on comprehensive analysis,is based on the overall judicial expertise management system as the foothold.
Keywords/Search Tags:Judicial expertise, Management system Reform, Appraisal Organization, Appraiser
PDF Full Text Request
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