On The Reconstruction Of The Forensic System

The judicial identification system is a very important part in our current judicial system; it plays a more and more critical role. Our judicial system belongs to typical system of continental jurisdiction part. People who work for judicial verification always identified as assistant of court, or assistant of judge. With the application of high-tech knowledge, the problem of court-science and indetermination of it has been an obstacle in trail. Most cases are rest on the analysis of so called expert, so they were regarded as scientific judges. To a certain degree, judicial verification really shadows the conclusion of some certain cases. Our judicial verification institution was appeared after the foundation our PRC, deeply influenced by formal USSR, so it is hardly to shave the hint of planned-economy. After imposing of our opening policy, with the consummation of our law system, people get more judicial entanglements. And it directly determinate the sharply increase of judicial identification cases. But until now, we do not have an exclusive law of how to take judicial identification. Lacking of effective management of judicial identification, and efficient co-operation of different division, identification in different department and once for a while, all these make cases which depend on the conclusion of judicial identification could not been solved timely.Firstly, form analyzing the basic meaning of judicial identification, the author put out major basic characteristic of it: such an scientific, legalize, independent, verify and passive. With the comparison of different judicial identification between continental and oceanic jurisdiction systems from different angles, the author try to find a new way of building our own identification system on the basic of replanting of foreign country experience. And of course, it must also have the style of ourselves, so as to adapt to our reality.Secondly, with deep investigating of our current judicial identification, the author found problems of our system. For example, lacking of an organization to harmonize, manage and control judicial identification system, vacuum of criteria of how to build experts in judicial identification area, vacancy of a unified process of applying for a judicial identification and so on. All these problems blocked the development of our own system, and they also influenced the efficiency and degraded the prestige of jurisdiction.Finally, the author draws a conclusion of it. It is crucial to re-build our own judicial identification. And it meets the needs of efficiency and effectiveness of development of our rule of law. In the rebuilding process ,we must abide by such principals: rule of law, absorbing rules of foreign which suit for us, efficiency and effectiveness, justice and opening, scientific, independent. In this way, the author also designed a new judicial identification system. It includes: create a criteria of how to choose experts in identification area, establish a reasonable judicial identification process, to make experts or relative organizations responsible for their identification, consummate the court attendance system of identification experts, abolish judicial identification organization within auditing bureau and court, set up an independent organization, create a new criteria of judicial identification which is easy to operate.