Legal Matter Research On Handwriting Identification In The Civil Action

The construction of the rule of law in our country is continuously advancing in the current era.At the same time,science and technology are also developing.Modern lawsuits will inevitably enter a stage where facts are becoming increasingly scientific.Forensic appraisal will also become a very important one in future judicial process.Handwriting identification is a very common type in forensic appraisal.Searching for related cases with the keyword “handwriting identification” on the China National Knowledge Infrastructure,there were 4,732 cases related to handwriting identification in 2019,and there were more than 200,000 related cases in 2018 and 2017.Among the cases in 2019,there were 4242 civil cases,32 criminal cases,and 22 administrative cases.It can be seen that the use of handwriting identification in civil litigation cases is more common,and it often occurs in private loan,guarantee and other cases.In the process of civil litigation,handwriting identification opinion,as an important evidence,The judge may be affected by the handwriting appraisal opinion when determining the facts of the case,so the handling of the result of the case may be different.The perfection and reasonableness of the handwriting appraisal not only play a role in the actual trial effect of the entire case,but also play a key role in protecting the legal rights and interests of the parties and the harmony and stability of the society in which they are located.However,with the continuous development of China's economic society and the reform of various litigation systems,the current handwriting identification has been unable to meet the needs of judicial practice,and various problems have been exposed in judicial practice.The purpose of this article is to propose and improve the current legal problems of handwriting identification through the theoretical research of handwriting identification in civil litigation,so as to solve some embarrassing situations that will actually occur when handwriting identification is applied in civil litigation.Therefore,this thesis starts with the basic theory and combines the specific situation of current judicial practice.It mainly analyzes and demonstrates the legal issues ofhandwriting identification in civil proceedings from five parts.The first part: The problem.This article leads to the purpose of writing this article,that is,there are still some legal problems in the theoretical and judicial practice of the identification of handwriting in civil law.The main manifestations are inadequacy in the start of handwriting identification procedures,charging,and collection of samples.The second part: Part of the basic theory.Starting from the concept,characteristics,and functions of handwriting identification,it expounds its relevant role in civil litigation,and on this basis makes a simple comparison with other judicial systems.This part involves some theoretical knowledge.Although these contents are relatively easy to understand,they are also indispensable to form an article and play a basic supporting role.Only by retaining this part of the content can the paper be structured With integrity.This part forms the basis of the whole article,because only by demonstrating the necessity of the existence of this part,can we better elicit other discussions later,and the research has meaning.The third part: Analysis of the status quo.It includes the collation of existing laws and regulations related to handwriting appraisal,as well as the statistical analysis of the judicial status of handwriting appraisal.It is specifically conducted through the 2019 civil lawsuit handwriting appraisal of Chongqing,Shenzhen,Guangdong,and Tianjin Statistics and analysis reflect the relevant issues through the data and better lead to the problem analysis in the next section.The fourth part: Combined with the statistical analysis of the case of judicial practice above,the relevant legislation and specific problems existing in the handwriting identification of civil lawsuits are theoretically explained.Including issues concerning the appraisal system for appraisers,issues concerning the review of handwriting appraisal opinions,and issues related to the cost of handwriting appraisal.The fifth part: Discusses the improvement of legal issues in the identification of civil law handwriting.On the basis of the legislative and judicial practice status of China 's civil lawsuit handwriting appraisal and the inadequate provisions of China 's civil handwriting identification system,it provides suggestions for improving China 's handwriting identification system.