我国司法鉴定机构管理体制改革研究
发布时间：2019-05-15 12:06
【摘要】：司法鉴定制度作为证据制度的重要组成部分，与诉讼制度、司法制度具有不可分割的天然联系。司法鉴定制度是健全、完善司法制度，保障司法公正的重要基础。当前，以实现司法公正与效率为目标的司法改革正在不断推进，而实践中司法鉴定制度方面存在的问题却日益暴露。鉴定机构设立混乱，管理不顺；鉴定法律、法规不健全，已有的部门规定互相冲突；多头鉴定、重复鉴定泛滥，极大降低了诉讼效率，浪费了诉讼资源，与司法改革的大目标不相符。因而改革现有司法鉴定制度已成为有识之士的共同呼声。在这场改革中，尤以司法鉴定机构管理体制的改革为重，这是改革的基础性工作。有鉴于此，笔者对我国司法鉴定机构管理体制改革进行了深入研究，提出了自己的看法。 本文除引言与结束语外共分为四个部分，全文四万余字。 第—部分为概述，主要阐释了司法鉴定机构的概念、我国司法鉴定机构管理体制发展的历史概况和现状、对我国司法鉴定机构管理体制进行改革的必要性及学者们对我国司法鉴定机构管理体制改革的建议和论证。这是本文的基础部分，主要是为下面的论述进行铺垫。 第二部分主要是对国外司法鉴定机构的管理体制进行考察。他山之石可以攻玉，，国外的成功经验值得我们借鉴。本文在考察了目前世界上的三种司法鉴定机构管理模式，即：集中型、分散型和多元制三种模式后，对国外司法鉴定初构管理体制给我们的启示进行了系统总结。 第三部分从总体上提出了笔者对我国司法鉴定初构管理体制改革的建议方案。在分析了改革的指导思想与原则的基础上，提出我们应建立“双轨制多元化”的司法鉴定机构管理体制。 第四部分是本文的重点。具体论述了如何按“双轨制多元化”构想改革我国的司法鉴定机构。我们应采取渐进的方式逐步对部门鉴定机构和社会鉴定机构做出改革。对部门鉴定机构的改革，应分两步走，第一步将公、检、法机关内的鉴定机构从其它业务部门中分离出来，成为单独设置的业务部门，以便增强其独立性，增强鉴定结论的公正性。同时应允许公、检机关的鉴定机构面向社会从事有偿服务。第二步，待条件成熟时，取消法院鉴定机构的鉴定职能，使其承担委托鉴定、进行文证审查和组织高级专家进行会鉴的职能。对于社会鉴定机构则应进一步进行加强和提高，同时 做好监督、管理工作。而对于司法鉴定专家委员会在目前泊少有存在的必 ，待条件成熟时，‘司法鉴定专家委员会应耻肖，而由法院所组织的高级 家会鉴来代替。
[Abstract]:As an important part of evidence system, judicial expertise system is inextricably related to litigation system and judicial system. Judicial expertise system is an important basis for perfecting, perfecting judicial system and ensuring judicial justice. At present, the judicial reform aimed at realizing judicial justice and efficiency is constantly advancing, but the problems existing in the judicial identification system in practice are increasingly exposed. The establishment of appraisal institutions is chaotic and the management is not smooth. The appraisal laws and regulations are not perfect, and the existing departmental regulations are in conflict with each other. The proliferation of multi-head identification and repeated identification greatly reduces the efficiency of litigation and wastes litigation resources, which is inconsistent with the great goal of judicial reform. Therefore, the reform of the existing judicial expertise system has become the common voice of people of insight. In this reform, especially the reform of the management system of judicial expertise institutions, which is the basic work of the reform. In view of this, the author has carried on the thorough research to our country judicial appraisal organization management system reform, has proposed own opinion. In addition to the introduction and conclusion, this paper is divided into four parts, the full text more than 40,000 words. The first part is an overview, which mainly explains the concept of judicial expertise institution, the historical overview and present situation of the development of the management system of judicial expertise institution in our country. The necessity of reforming the management system of judicial expertise institutions in China and the suggestions and argumentation of scholars on the reform of the management system of judicial expertise institutions in China. This is the basic part of this article, mainly for the following discussion to pave the way. The second part is mainly to investigate the management system of foreign judicial expertise institutions. The stone of other mountains can be used to attack jade, and the successful experience of foreign countries is worthy of our reference. After investigating three kinds of management modes of judicial expertise institutions in the world, namely, centralized, decentralized and pluralistic systems, this paper makes a systematic summary of the enlightenment given to us by the initial structure of judicial expertise management system in foreign countries. The third part puts forward the author's suggestions on the reform of the initial structure management system of judicial expertise in China. On the basis of analyzing the guiding ideology and principles of the reform, this paper puts forward that we should establish the management system of judicial expertise institutions with "two-track diversification". The fourth part is the focus of this paper. This paper discusses in detail how to reform the judicial expertise institution of our country according to the conception of "two-track diversification". We should take a gradual approach to the gradual reform of departmental and social appraisal institutions. The reform of departmental appraisal institutions should be carried out in two steps. In the first step, the appraisal institutions within the public, inspection and legal organs should be separated from other business departments and become separate operational departments in order to enhance their independence. Enhance the fairness of the appraisal conclusion. At the same time, the appraisal institutions of the public and procuratorial organs should be allowed to engage in paid services to the society. The second step, when the conditions are ripe, cancel the appraisal function of the court appraisal organization, make it undertake the function of entrusting the appraisal, carrying on the document examination and organizing the senior expert to carry on the meeting. Social appraisal institutions should be further strengthened and improved, at the same time do a good job of supervision and management. However, when the conditions are ripe, the Committee of experts on Forensic expertise should be ashamed of the need for the existence of the Committee of experts on Forensic expertise at present. Instead, the senior families organized by the court will take the place of it.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D918.9
本文编号：2477491
[Abstract]:As an important part of evidence system, judicial expertise system is inextricably related to litigation system and judicial system. Judicial expertise system is an important basis for perfecting, perfecting judicial system and ensuring judicial justice. At present, the judicial reform aimed at realizing judicial justice and efficiency is constantly advancing, but the problems existing in the judicial identification system in practice are increasingly exposed. The establishment of appraisal institutions is chaotic and the management is not smooth. The appraisal laws and regulations are not perfect, and the existing departmental regulations are in conflict with each other. The proliferation of multi-head identification and repeated identification greatly reduces the efficiency of litigation and wastes litigation resources, which is inconsistent with the great goal of judicial reform. Therefore, the reform of the existing judicial expertise system has become the common voice of people of insight. In this reform, especially the reform of the management system of judicial expertise institutions, which is the basic work of the reform. In view of this, the author has carried on the thorough research to our country judicial appraisal organization management system reform, has proposed own opinion. In addition to the introduction and conclusion, this paper is divided into four parts, the full text more than 40,000 words. The first part is an overview, which mainly explains the concept of judicial expertise institution, the historical overview and present situation of the development of the management system of judicial expertise institution in our country. The necessity of reforming the management system of judicial expertise institutions in China and the suggestions and argumentation of scholars on the reform of the management system of judicial expertise institutions in China. This is the basic part of this article, mainly for the following discussion to pave the way. The second part is mainly to investigate the management system of foreign judicial expertise institutions. The stone of other mountains can be used to attack jade, and the successful experience of foreign countries is worthy of our reference. After investigating three kinds of management modes of judicial expertise institutions in the world, namely, centralized, decentralized and pluralistic systems, this paper makes a systematic summary of the enlightenment given to us by the initial structure of judicial expertise management system in foreign countries. The third part puts forward the author's suggestions on the reform of the initial structure management system of judicial expertise in China. On the basis of analyzing the guiding ideology and principles of the reform, this paper puts forward that we should establish the management system of judicial expertise institutions with "two-track diversification". The fourth part is the focus of this paper. This paper discusses in detail how to reform the judicial expertise institution of our country according to the conception of "two-track diversification". We should take a gradual approach to the gradual reform of departmental and social appraisal institutions. The reform of departmental appraisal institutions should be carried out in two steps. In the first step, the appraisal institutions within the public, inspection and legal organs should be separated from other business departments and become separate operational departments in order to enhance their independence. Enhance the fairness of the appraisal conclusion. At the same time, the appraisal institutions of the public and procuratorial organs should be allowed to engage in paid services to the society. The second step, when the conditions are ripe, cancel the appraisal function of the court appraisal organization, make it undertake the function of entrusting the appraisal, carrying on the document examination and organizing the senior expert to carry on the meeting. Social appraisal institutions should be further strengthened and improved, at the same time do a good job of supervision and management. However, when the conditions are ripe, the Committee of experts on Forensic expertise should be ashamed of the need for the existence of the Committee of experts on Forensic expertise at present. Instead, the senior families organized by the court will take the place of it.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D918.9
【引证文献】
相关硕士学位论文 前1条
1 施敏;司法鉴定机构的准入制度[D];华东政法大学;2007年
本文编号：2477491
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