China's Forensic Management System Study

Judicial expertise is a kind of scientific attestation done by the licensed expert witness serving in the legal judicial expertise organizations who is to identify and recognize some pending factual issues involved in the litigation and arbitration by use of technological or professional knowledge. It is of scientific, juridical and neutral properties, in which scientific property is in the primary position as its natural attribute. As for the neutral property, the value is found in maintaining the principle of equal status of the litigant, asserting the principle of impartiality in trial procedure as well as achieving the principle of rationality in litigation proceeding.To establish new framework of management system in judicial expertise, guiding principles which are overall, foresighted, scientific, cooperative and suitable for the market requirement shall be set up. The key points are: 1) to establish a management system regulated and macroscopically supervised by the government with assistant from self-governing of this profession; 2) to specify that the judicial administrative authority is supervisor of judicial expertise; 3) to establish strict and unified access regulation for the organization and expert witness of judicial expertise; 4) to set up and improve the systems for practice procedure and technical standard of judicial expertise; 5) to establish and improve the macro-supervision system of judicial expertise.In researching the management of judicial expertise, by analyzing the cultural and legal motive of promoting the legislation of judicial expertise, the author creatively brings forward the opinion that the protection of litigants'rights more needs the that the judicial expertise can adapt for and meet the objective requirement of judicial impartiality. Before the legal system for distributing litigants' rights can not or timely be revised and perfected, before the environment of "nomocracy" needs to be further developed and improved, and under the circumstance that the right itself is restricted, how to strive for larger room for claiming the rights is a big motivation in good faith to promote legislation. The litigants and the judgers will get benefit from the legislation.The author analyzes and discusses the necessity and feasibility of the legislation further from the viewpoint of the shortcomings of the current legal procedure system, the impact of the promulgating and enacting of "Administrative License Law" as well as more and more coming up of local regulations, and then puts up the basic guiding thought for legislation, drafts an infantile law protocol and makes emphases on illustrating the issue of establishing the administrative authorities as the supervisor of judicial expertise.