试论司法鉴定地方性法规的制定
发布时间：2019-05-18 02:30
【摘要】：司法鉴定是指在司法诉讼或准司法活动中,司法鉴定机构接受委托,对需要鉴别确定的专门技术性问题,按照法律规定,指派具有鉴定权的鉴定人进行检验、鉴别和判断的科学实证活动。司法鉴定是借助科学技术和专门知识,解决与案件有关的某些专门性问题的主要手段,它在诉讼活动中起着其他手段不可替代的特殊作用。 我国的三大诉讼法已对民事诉讼、刑事诉讼、行政诉讼作了明确而详尽的界定和规范,而在诉讼法中对司法鉴定活动并未加以全面的规定,只是在某些条款对鉴定主体和鉴定结论提出了一些要求。各司法部门“自侦自鉴”、“自检自鉴”、“自审自鉴”现象严重,影响司法公正;多头鉴定、重复鉴定、“挂靠鉴定”、“雇请鉴定”现象泛滥,影响司法效率;机构设置重复,造成资源浪费;鉴定人员素质参差不齐,影响鉴定质量;管理体制部门分割,各自为阵,阻碍鉴定科学发展。现行司法鉴定制度的弊端,呼唤司法鉴定制度的改革,改革的目标是通过立法,建立统一、科学、规范的司法鉴定体制,建立适合中国国情、与中国整个司法制度相匹配、与中国整个法制体系相交融的司法鉴定制度,司法鉴定体制的改革使司法鉴定立法成为必要。 然而,目前我国司法鉴定的现状还不具备这一条件。首先,司法鉴定
[Abstract]:Judicial expertise refers to the fact that, in judicial proceedings or quasi-judicial activities, judicial expertise institutions are entrusted with the task of appointing experts with the right to identify and determine specialized technical issues that need to be identified in accordance with the provisions of the law. Scientific empirical activities of identification and judgment. Judicial identification is the main means to solve some specialized problems related to cases with the help of science and technology and expertise. It plays an irreplaceable special role in litigation activities. The three procedural laws of our country have clearly and thoroughly defined and standardized civil proceedings, criminal proceedings and administrative litigation, but there are no comprehensive provisions on judicial identification activities in the procedural law. Only in some provisions on the identification of the subject and identification conclusions put forward some requirements. The phenomena of "self-investigation and self-criticism", "self-examination and self-learning" and "self-examination and self-learning" in each judicial department are serious, which affect the judicial justice, and the phenomenon of "multiple identification, repeated appraisal," linked appraisal "and" employment appraisal "is rampant, which affects the judicial efficiency. The repeated establishment of the organization results in the waste of resources; the quality of the appraisers is uneven and affects the quality of the appraisal; the management system departments are divided into matrices, which hinders the development of appraisal science. The malpractice of the current judicial expertise system calls for the reform of the judicial expertise system. The goal of the reform is to establish a unified, scientific and standardized judicial expertise system through legislation, to establish a judicial expertise system suitable for China's national conditions, and to match the entire judicial system in China. The reform of judicial expertise system, which is integrated with the whole legal system of China, makes judicial expertise legislation necessary. However, the current situation of judicial expertise in China does not yet meet this requirement. First of all, judicial expertise.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D918.9;D925
本文编号：2479595
[Abstract]:Judicial expertise refers to the fact that, in judicial proceedings or quasi-judicial activities, judicial expertise institutions are entrusted with the task of appointing experts with the right to identify and determine specialized technical issues that need to be identified in accordance with the provisions of the law. Scientific empirical activities of identification and judgment. Judicial identification is the main means to solve some specialized problems related to cases with the help of science and technology and expertise. It plays an irreplaceable special role in litigation activities. The three procedural laws of our country have clearly and thoroughly defined and standardized civil proceedings, criminal proceedings and administrative litigation, but there are no comprehensive provisions on judicial identification activities in the procedural law. Only in some provisions on the identification of the subject and identification conclusions put forward some requirements. The phenomena of "self-investigation and self-criticism", "self-examination and self-learning" and "self-examination and self-learning" in each judicial department are serious, which affect the judicial justice, and the phenomenon of "multiple identification, repeated appraisal," linked appraisal "and" employment appraisal "is rampant, which affects the judicial efficiency. The repeated establishment of the organization results in the waste of resources; the quality of the appraisers is uneven and affects the quality of the appraisal; the management system departments are divided into matrices, which hinders the development of appraisal science. The malpractice of the current judicial expertise system calls for the reform of the judicial expertise system. The goal of the reform is to establish a unified, scientific and standardized judicial expertise system through legislation, to establish a judicial expertise system suitable for China's national conditions, and to match the entire judicial system in China. The reform of judicial expertise system, which is integrated with the whole legal system of China, makes judicial expertise legislation necessary. However, the current situation of judicial expertise in China does not yet meet this requirement. First of all, judicial expertise.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D918.9;D925
【参考文献】
相关期刊论文 前2条
1 吴梅筠,吴家櫦;英国、德国、日本及美国的法医学体制[J];中国司法鉴定;2001年02期
2 李冰;我国司法鉴定制度的完善[J];中国律师;2001年08期
，本文编号：2479595
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