Study On The Judicial Expertise Procedure’s Starting Rights In The Civil Litigation

According to the judicial practical activity during our country ancient times, the usage of judicial expertise has a long standing history. For example, the records of "Collected Cases of Injustice Rectified" of Song Dynasty show that the application of judicial practical which centered on forensic examination promoted the development of judicial expertise system and had a immense impact on posterity on both judicial expertise system and the area of forensic medicine. In the modern lawsuit, there is an ever-increasing demand for the application of judicial expertise which as important approach and evidence method in judicial proof, its conclusion plays an irreplaceable role for finding and confirming the fact whether in criminal justice practice or civil action. However, the judicial expertise process has been found some disorder situation in its management during the current legal action, such as the rules shall not apply for the starting right in identification process, the distribution of parties’rights and obligations starting imbalance in starting process, the systematic management confusion for appraisal institute and identifier, the protect and duty to identifier incomplete, and one of the hot issues is starting rights problem in judicial expertise process. From civil action, many parties consider that the judicial expertise conclusions are injustice, unscientific, and incredible after their initial identification or repeated identification, so that those parties are keeping the application of judicial expertise, even they like to tangle with the judicial organ or judge who taking charge of the case and request through legal action to invalid the conclusion in order to retrieval the judicial expertise starting opportunity which enormously affect the litigation benefit.This thesis will focus on the starting rights issue for the civil action judicial expertise, and then it will be divided into four parts for making analysis and suggestion. The first part will identify the concept, the connotation and the importance of the civil action judicial expertise starting rights. Furthermore, the second part will list the main situations of judicial expertise starting models in different countries with different law system all around the world. The third part will synthesize the starting mechanism status and research result which relates to the current civil action judicial expertise reformation; and during the case analysis, it will find out some faults within the civil action judicial expertise starting right system, such as the attribution of starting rights is still tend to control by court in its system design, the judiciary power is overly strong, the parties’rights and obligations distribution is not enough detail after expertise started and the numbers and efficacy of repeat expertise is not clear and definite. And the last part will reference some mature theories in this area which already got a rich practical experience in western country, try to making a impeccable suggestion based on justice procedure and fair litigation, seek a optimization starting model which correspond with civil action value in order to effective prevent the abuse of judicial expertise and protect the parties to present the evidence equally and effectively while the judicial expertise starting rights have been limited to insure parties’litigation rights is inviolable and clear and definite the attribution and content of judicial expertise starting rights.