Study On Judicial Authenticator’s Responsibility System In China

The value of law is in the form of fact judgment standard and content ofrationality, any system of law, must after the development process by habit to habitlaw. The succession of the law to legal norms, the rationality of the value increase,and the judicial system and judicial identification, evidence system, judicial system ofclose contact, gradually improve the important role of the judicial authentication inthe judicial system in the status of judicial identification, in judicial practice is alsorising. As the process of the reform of the judicial system of our country further,establish and perfect the wide attention of all social sectors related judicialidentification system, especially the judicial authentication system. In view of thespecial status of judicial appraiser in judicial proceedings, the allocation of rights andobligations between the judicial expert do the judicial authentication opinions areidentified, in the trial of the case and the parties can play a very important role, andthe legislation of our country present and supporting system is not perfect, resultingin judicial determination identification of human responsibility in China has manyproblems, affects the judicial system and the perfection of the judicial process reform.Therefore, conducts the research in view of our country judicial appraiser liabilitysystem related problems, one can identify effectively regulating the behavior ofjudicial authenticators, ensure objectivity, the judicial authentication opinions ofjudicial authenticators to authenticity, on the other hand also can promote litigationefficiency improvement and new procedural law implementation.Firstly, through access to relevant documents, this paper discussed the concept,the concept of judicial appraiser, features include a judicial authenticator analysis, andthrough the collection and research of the relevant provisions of the countries of thetwo legal systems of judicial appraiser liability system, which lays a theoreticalfoundation for the following research; secondly, judicial identification responsibilitysystem of types of liability and the elements of the analysis, respectively, to study thejudicial identification of criminal responsibility, administrative responsibility andcivil liability, to tease out the types of Chinese judicial appraiser liability system as well as the main factors; once again on the status quo of China’s judicial system areanalyzed, such as issued by the provisions of the criminal provisions of perjury is notcomprehensive enough, the administrative responsibility of judicial appraiser’spunishment is single, the judicial identification of civil liability are not clear enough,through the analysis of the present situation and problems, find the root of theproblems; finally, the above analysis and based on the analysis, put forward somesuggestions to perfect our judicial appraiser liability system, further guarantee theobjectivity and impartiality of the judicial authentication activities.