Reconstruction Of Chinese Judicial Expertise System

Law is demanded to be good. Justice and good merits are the important fundamentals of the principle of governed by law. Nowadays, the Chinese judicial expertise system, as the important part of Chinese law system, is revealed, to a certain extent, to be behind of the development of time and the improvement of science & technology. Therefore, the real practice of the judicial expertise should be examined, the totemic worship to the judicial expertise at present should be broke away, and the re-construction of judicial expertise system should be made so as to improve the realization of the principle of governed by law.At the first part of the article, the conception of judicial expertise system is put forward. The judicial expertise herein means the activities conducted on certain problems referred to the lawsuit by appraisers via technique and special knowledge to make verification, distinguishing, estimation and to provide appraisal conclusion.At the second part, it is mentioned that as a following country taking the principle of governed by law and along with the deepening of the law system construction under such principle, China needs, with a more widen visual insight and by the principle of taking whatever is useful, refer to foreign advanced law systems, absorb their rational contents, and combine them to the Chinese practice, so as to form its own reasonable and logical law system. To enhance our own judicial expertise system, it is also necessary to refer to advanced foreign experiences during the reconstruction. The judicial expertise system of Common Law is compared with the one of continental law in this article, and such systems of America, UK, France and Japan are introduced in detail so as to widen our visual insight. At the third part, the conflict between judicial expertise system and the society under the principle of governed by law is analyzed, the shortcoming of the judicial expertise system is revealed, which is concluded as "seven problems", they are: unneutral appraisal, black holes, short of uniform appraisal standard, short of rules for appraiser, short of rights and responsibilities of appraiser, bias of appraisal procedure, short of participating of appraiser.Then a comment is made upon the issued by Standing Committee of the National People's Congress, The regulation of the decision, as well as its achievement and demerit, is analyzed. The measure of improvement is discussed.At the fifth part, proposal is made on the reconstruction of Judicial expertise System according to the shortcoming of Judicial expertise system. Firstly, the rational and logical unification of justice and efficiency, and the reasonable design and commutative affection between rights and power, which are the basic principles of judicial expertise reform, are clarified. Then, the measures to cure the "seven problems", such as neutrality of appraisal, stability of the appraisal conclusion, uniform and rational appraisal methods, strict entrance system of appraiser, clarification of rights and responsibilities of appraiser, adjustment of appraisal procedure, enhancement of the participating of appraiser, are advised. It is pointed particularly that justice of procedure is the result of the unceasing development of modern justice conception, and is the inevitable demand of civilization society. Along with the conception infiltration from justice of substantiality into the justice of procedure, people pay more and more attention to the latter, and expect to shower the light of goddess of justice via legitimate procedure. This article, from the angle of justice of procedure, argued that the judicial expertise procedure should have the character of legitimate procedure such as equality and open. The advices on remedy of the demerit of the NPC system and on the lawmaking procedure are also made here in its third part,At the last part, it concludes that the judicial expertise system and its reconstruction require all aspects of examination under the background of reformation of Chinese law system. The reconstruction will experience a long development procedure. It needs all efforts of the participants and the establishment of each particular rule to make our judicial expertise system open, fair, participatory, adiaphorous, rational and just.This article is expected to make innovation upon the following: (1)Combine the foreign experiences with Chinese practice so as to seek a rational and indigenous judicial expertise system instead of the blind pursuance of foreign modes. (2) Besides of the discussion on exterior reasons, also pay attention to the appraisal procedure including confrontation of appraisal conclusion through the study on Chinese judicial expertise system.