| With the continuous expansion of the scope and depth of human social communication and the continuous development of science and technology,the conflicts and disputes between people are showing a trend of diversification,complexity,and specialization.How to resolve the conflicts and disputes between people accurately and fairly has become a practical problem.General Secretary Xi Jinping said "strive to make the people feel fair and justice in every judicial case." Judicial adjudication,as the final solution to social conflicts and disputes and the main channel for the realization of judicial justice,assumes increasingly important responsibilities.How to achieve judicial fairness and justice,the most basic requirement is to correctly ascertain the truth of the case,accurately apply the law,and make a ruling in accordance with the law.Therefore,the basis of judicial justice is the ascertainment of the facts of the case.How to correctly ascertain the facts of a case requires multiple methods and selection based on the rules of evidence.As a forensic science that uses scientific and technological theories and methods to identify the authenticity of facts,forensic expertise plays an important role in the process of investigating the facts of the case due to the scientific and objectivity of its methods.At present,there are many problems in the judicial appraisal system in our country,which have caused many doubts and challenges on the objectivity,accuracy and neutrality of judicial appraisal opinions,which in turn affects the realization of the fairness of judicial judgments.Due to the deviation of the development concept and the short development time limit,our country has not yet established a unified and harmonious judicial authentication management system,which has led to the emergence of polyarchism.The barriers to entry for judicial authentication are too low,there is a lack of a supporting judicial authentication institution exit mechanism and professional skills assessment rules for the appraisal personnel,and there is a mixture of authentication institutions and practitioners,which seriously affects the scientificity and accuracy of the judicial authentication opinions.Failure to correctly assess the unbalanced status of my country’s economic and social development.The "interest-only theory" has led to excessive marketization of judicial expertise and a large number of inequalities.The high cost of identification hinders the realization of the value of judicial expertise and even breeds a large number of judicial expertise.Corruption incidents,and "customized" judicial appraisal opinions emerge one after another,which seriously affects the neutrality and objectivity of judicial appraisal opinions.The essence of litigation is a public service product.As a part of litigation,judicial appraisal has natural public welfare attributes.To build a socialist country under the rule of law,it is necessary to realize judicial fairness and justice.How to achieve judicial fairness and justice requires attention to the role of judicial expertise.How to maximize the role of judicial expertise must return to the origin of the public welfare attributes of judicial expertise,and play its due role as a public service product.Drawing on the success and failure experience of some countries such as the United Kingdom,the return of the public interest attribute of judicial appraisal in my country must take the concept of human rights as the source of value,take the realization of fairness and justice as the core purpose,and take honesty as the social foundation,change the judicial concept,and insist on giving full play to the government in a society ruled by law.Construction and the leading position in the reform of forensic appraisal.In this process,the following basic principles must also be adhered to,that is,the principle of unifying public welfare attributes and scientific nature of judicial authentication,the principle of unifying public welfare attributes and neutrality,and the principle of government-led and convenient and beneficial for the people.Pay attention to the coordination of public welfare attributes and the level of social and economic development.How to return to the nature of public welfare attributes for judicial appraisal needs to start with the following aspects.First of all,it is necessary to strengthen the construction of a unified management system for forensic authentication,establish reasonable access thresholds for judicial authentication,construct and improve the supervision and management system of the whole process of forensic authentication,and build an exit mechanism for judicial authentication on this basis,so as to achieve a dynamic balance in the forensic industry..Secondly,it is necessary to coordinate the public welfare and marketization weights of judicial authentication,and build a market-oriented judicial authentication system with Chinese characteristics,that is,adhere to the market-oriented development of judicial authentication under the leadership of the government,pay attention to the competitive advantage of the market,and build profitability and public welfare.The coexisting system meets the diverse needs of society.Finally,according to the unbalanced status of my country’s economic and social development,and learn from the legal aid system,construct our country’s judicial appraisal rescue mechanism.The realization of social fairness and justice requires the fairness and justice of judicial adjudication,and judicial appraisal helps to realize the fairness and justice of adjudication.The development and reform of judicial appraisal must return to the nature of public welfare,protect the legitimate litigation interests of each litigant,assist the court in correctly ascertaining the facts of the case,accurately apply the law,and make a ruling in accordance with the law,so that the masses can feel fairness in every case justice. |
