The Standard And Improvement Construction Of The Criminal Judicial Expertise

The reform of criminal judicial expertise has been discussed for a long time. Practice has proved that the multiple criminal judicial expertise existed many malpractice. It is the trend to build a uniform criminal judicial expertise. On February 28, 2005, an important document about the administration of judicial expertise passed.However, there are a lot of new problems after that document. The system of judicial expertise is combined with the procedure system and the evidence system, and hindered by the current reform of judicial system. But we should see that the most obstruction of the reform of the judicial expertise is the protection of department interests. As the judicial expertise can give rich financial interests to the department, the police bureau, the prosecute bureau, court and judicial bureau are not willing to give up easily. This article will analyze the old and the new problems of the criminal judicial expertise. I detailed compare the common law system and the civil law system about the criminal judicial expertise. According to the document, I put forward the basic frame of the criminal judicial expertise.I consider that the basic frame of the criminal judicial expertise can be divided into five parts: first, build a uniform responsible department of the identification(establish judicial expertise administration, build association of judicial expertise);second, build a uniform admittance system; third, build a uniform administration to the identifier(identifier should go to the court to give evidence, the identifier is responsible for the identification);forth, build a uniform procedure of the identification and uniform technology standard; Fifth, build a uniform profession morality and uniform responsibility of law.In the writing of the whole article, I use the fundamental procedure principle to analyze the criminal judicial expertise. The criminal judicial expertise should embody the following fundamental procedure principles: the equality of the two parties; the open of the procedures; the standard use of the evidences. The fundamental principles of the criminal judicial expertise are that: the principle of rule by law; the principle of integration of resources; the principle of specialization; the principle of reasonable distribution; the principle of quality control.