On Application And Improvement Of The Starting Of Judicial Expertise Of Our Country

The starting of judicial expertise , which is the beginning and key step , is a basic problem of identification system . The deep and careful studying of it can help us eliminate differences in concept , get the truth of the right of judicial expertise , seek unity of the practice of it ,and at the same time is good for the legislation of judicial expertise and protection of litigant's right. Considering the current situation of our nation , the legislation of the starting of judicial expertise is rather primitive , and the level of legislation is low , and there are still many blank spaces in legislation. The imperfection of legislation will lead to problems and contradiction in the practice of judicial expertise : the lack of transparency in the process of judicial expertise , the uncertainty of litigant's right , the frequent happening of duplicate identification. Many problems and controversy , which happened in the area of judicial expertise , is closely connected to the process of judicial expertise , especially the starting of this process. Therefore , it is of great importance to specify the rule of the starting of judicial expertise , in order to guarantee the healthy development of the judicial activitity.