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On the identification of the causes of repeated and Countermeasures

Author: LuoHui
Tutor: LiChangSheng
School: Southwest University of Political Science
Course: Legal
Keywords: Conclusions Repeatedly identified Huang Jing case
CLC: D918.9
Type: Master's thesis
Year: 2010
Downloads: 97
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Abstract

Has long been plagued by repeated identification has become a prominent issue of judicial practice and aroused the concern of some scholars, academic research on this issue can be described as a matter of opinion. However, this issue has been raised from very early on, while yet to be completely resolved, or even basic unresolved. The reason, in addition to legislative lag and other factors, a more important reason is the academic study of this issue is still stuck in a more superficial level, there are few papers to touch the essence of the problem. This paper attempts to analyze Huang Jing case, on this issue in-depth discussion of this issue in order to better solve a force. Identification repeatedly refers to the case in question with a specialized, through one or more accreditation bodies repeatedly identified a consistent or inconsistent views of the phenomenon, and its judicial practice often called the \. \Why a special issue with several accreditation bodies to go through several authentication? Authors believe that this is our current appraisal system and the identification result of the role itself. Identification of the cause is external institutional level, including the identification of multiple startup programs, identification rough implementation procedures, identification of cross-examination procedure virtual home, and, most importantly, the lack of closure of the entire identification procedure the parties involved. The identification of the cause itself, such as the identification of the body, identification criteria, identification methods are internal. Caused by external and internal factors identified repeatedly reveals, the author attempts to show that some of the reasons resulting in repeated identification is inevitable, such as identification of the main level is uneven, differences in methods of identification, at least at this level, repeatedly identified existence has its rationality. And some resulting in repeated identification of the reason is you can be avoided through efforts at this level, repeatedly identified the presence is unnecessary. Therefore, when designing a new system, it is necessary to consider how to maximize the reasonable control of the repeated identification appears. I think we can from the following aspects. First, to strengthen the participation of the parties centered reform accrediting system. Judges have the right to decide appraisal program starts, the parties are entitled to the right to start the request and the right to apply for relief, the parties involved in the implementation of the program to identify, and to identify cross-examination procedures substantiation. Secondly, the identification of their status should also be improved, including changes in the existing appraiser qualification management system, to make it more independence, neutrality and unity, and the establishment of a unified scientific and technical standards and other aspects of identification.

On the identification of the causes of repeated and Countermeasures

Abstract

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