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Civil Judicial Expertise Procedures Research

Author: HuangLianZuo
Tutor: SunHaiLong
School: Southwest University of Political Science
Course: Legal
Keywords: civil judicial expertise procedures
CLC: D918.9
Type: Master's thesis
Year: 2010
Downloads: 151
Quote: 1
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Abstract


This article first analyzes the start-up of Judicature Appraisal in civil lawsuit related to common law countries and civil law countries, similarities and differences, the pros and cons. Analysis and evaluation of our start-up process of Judicature Appraisal and proposing the Construction of Judicial model :In civil cases, as long as the parties apply for Judicature Appraisal not intentionally to delay the case and is necessary to investigate the truth, the court shall permit under the condition of the parties concerned, the appraisal for the judicial authentication start right, but also should be properly use the court shall prevent the abuse of right, and the judicial resources being wasted and establish corresponding relief program. Secondly, the analysis of the existing legal system relating to the implementation of forensic procedures, cross-examination procedures, certification procedures, etc, point out that the identification of the civil justice procedural requirements of the specific content of the problems detailed forensic procedures on the implementation process Judicial appraisal of the subject of forensic material to provide screening and identification of material security, judicial appraisal of the implementation;Key Analysis of Expert Testimony demonstrated the need for justice, procedural requirements, the manner and content of cross-examination, the expert witness by Chinese and foreign experts who assist analysis and comparison of the system, promote cross-examination in the forensic submission procedure stick appear as expert evidence based on the principle, to establish and improve China’s system of expert advisor in order to raise the litigants on the identification of cross-examination the quality of the submissions; expert conclusions on the legality, objectivity, relevance review, and consolidated cases, other evidence, especially in cross-examination after the court has verified evidence, correctly identified the effectiveness of forensic evidence in the submissions; this part also reference to some of the local judicial procedures for forensic explorations made a favorable experience, make our civil justice system identified in the above procedure to set the recommendations; Finally, in analyzing the repeated identification of causes and hazards arise from the situation and re-identification of the main post, summarized under the existing law repeated identification of the subject and repeated identification of the application period, and for the judicial practice of dealing with relevant issues in the views Since then combined with judicial practice, with more detailed information and detailed case analysis, Detailed analysis of the argument in the civil proceedings should be in accordance with the clause of 27 and 28 in the Regulations on Proofs in Civil Actions by The supreme court of the People’s Republic, critical review of re-identification is to grasp, to set up a complete re-identification review system the establishment of additional identification system to avoid duplication of identification, establish the authority of the judiciary, what really help the judge determine the forensic facts of the case as an important tool.

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