我国司法鉴定制度改革与立法完善之构想（Chinas judicial system reform and perfecting legislation conception）.docVIP

我国司法鉴定制度改革与立法完善之构想（Chinas judicial system reform and perfecting legislation conception） Chinas judicial system reform and perfecting legislation conception One With the three civil courts in our country have been promulgated, especially the reform of the criminal procedure law amendment and court trial system in recent years, the legal construction in the area of litigation in China has made considerable progress, action has entered the standardized operation of the track. However, litigation system and standardization of construction there are still some weak links. The disordered state of judicial identification is one of the most prominent expression. Since the founding of our country about the legislation of judicial expertise, only in a few simple rules of procedure code in three (which is the main content of authorization provisions on the right to decide the identification). Many basic problems in judicial expertise, there is still lack of a legal basis, the judicial authentication institution, management system and operation mechanism of a serious chaos. The public prosecutor, and in our judicial authentication institutions are set on his own, lack of coordination, the formation of no division, several independent judicial appraisal organization system. The judicial identification of the operation and management is lack of coordination, judicial decisions and entrustment of judicial appraisal, acceptance, judicial identification of the main qualification of judicial appraisal, the rules have no unified management system and operating rules. As for the judicial authentication activities of non full-time identificationorganization has no norm even more. This leads to a large number of multiple and repetitive identification, Guakao identification and hire identification and the mirror and self identification and self examination and self identification and the functional departments for identification and wrangling with each other many unreasonable phenomenon.