Study On The Initiation Procedure Of Application For Civil Forensic Identification

In the civil judicial appraisal activities,it is inevitable to observe the appraisal procedures by the standard.The appraisal launch procedure belongs to an important part of the appraisal procedure,which has a direct and decisive role on the smooth conduct of the judicial appraisal activities.Article 76 of the Civil Procedure Law sets the way of starting the judicial appraisal procedure,which is usually considered to include the applicant and the entrusted appraisal conducted by the court in accordance with its functions and powers.Under certain circumstances,when the parties submit the application by believing that the facts of the relevant case involve professional issues,the court should make a judgment on whether to permit the start of the appraisal procedure after carefully reviewing the appraisal application.However,affected by the objective situation,not all the parties will actively put forward the appraisal application or the parties do not know the application for appraisal,at this time,if the appraisal activities,the relevant facts cannot be identified,then,should be allowed to exercise the right of release or start the appraisal procedures,so as to realize the objective presentation of the facts of the case.In the case of the parties applying for appraisal,because the legislative level system is not perfect,has not been clear that the court of the civil judicial appraisal application,cause the procedure in the practical field is still facing many problems,concrete in the court of the appraisal application standard is not clear,the process of the process is not standard,and the parties lack of corresponding relief means to protect their legitimate rights and interests,etc.Investigate its reason,mainly reflected in the following aspects: one is the legislation on civil judicial appraisal specification is simple,resulting in the process of the applicant,the discretion of the court has no clear boundaries,at the same time,different judges of the understanding of legal differences,lead to judicial appraisal application start process processing chaos.Second,there are practical problems in the consideration of different appraisal opinions,leading to the strict practice of the court in the examination matters of the appraisal application.Third,there is a deviation in the legislative purpose understanding of the civil judicial appraisal system.The standard of civil judicial appraisal is a measure to respond to the specialized issues related to the case,and also the auxiliary guarantee system of the trial organs in the process of finding the facts of the case.It can be seen that the legislative purpose of the civil judicial appraisal system is to find out the specialized problems in the facts to be certified through professional technical means,so as to solve the civil disputes.On the one hand,the development of the appraisal activities responded to the demands of the parties to solving the specialized problems of the case.On the other hand,the civil judicial appraisal also provides technical help for the court to hear the case,making the court’s judgment more convincing and improving the judicial credibility.Therefore,starting from the basic theory and judicial practice of civil judicial appraisal,the paper proposes the following practical difficulties of the application: one is the examination standard of the court on the appraisal application;the second is to ensure the standardization of the civil judicial appraisal application;the third is to establish the relief means for the appraisal applicant.