Forensic Research

This article does a thorough research on the problems more argued currently about judicial expertizing mainly because I have been engaged in the related work in basic unit court for many years. I have developed a profound understanding of judicial expertizing. In the research, different from the traditional idea that only concerns the appraisal of implementation, I base my idea on the fact that judicial expertizing must contains the factor of the judicature. The article proves that the court plays an important role in the process of judicial expertizing. The article can increase people's knowledge and understanding of judicial expertizing and provide new ideas in it.The research of judicial expertizing should first be clear about its concept .In our country, experts are unable to agree with the concept in the legal science theory. In the long time of judicial practice, the actual operation of the judicial expertizing is also chaotic. In partial provinces of our country, the legislature had carried on some standards to the judicial expertizing. respectively has the characteristic. The court had also made explicit explanation to the judicial expertizing in the judicial practice, it had highlighted the importance of the court and its department of judicial expertizing, but some scholars criticize that it will bring on the judicature unfairly. Appraisal is scientific and multiplicity, it can be classified from different standards. "The appraisal which stipulated in the law" is different from general appraisal. Besides own specialized request characteristic, this kind of appraisal also should conform to the legal stipulation in the aspect of the procedure and the content Not only does the judicial expertizing have the characteristic of science appraisal that appraisal inherent itself, but also has the judicial characteristic. The author believed that, seeks the theoretically relation between the " judicial expertizing " and the "judicature", and studies the judicial attribute of the judicial expertizing is extremely important to know the judicial expertizing essentially. The Standing Committee of the National People's Congress carried on the certain degree standard by the legal form to the judicial expertizing in the "about Expert evidence Management Question Decision", but this concept and correlation specific stipulation with "judicature" the inner link rather goes to extremes forced. The judicature administrative...