主管:中华人民共和国司法部
主办:司法鉴定科学研究院
ISSN 1671-2072  CN 31-1863/N

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    Institutional Inspection and Systematic Construction of Forensic Appraisal Public Welfare Services
    WU Hongyao, YUAN Zhiyao
    Chinese Journal of Forensic Sciences    2025, 0 (1): 1-9.   DOI: 10.3969/j.issn.1671-2072.2025.01.001
    Abstract96)      PDF(pc) (1125KB)(307)       Save
    Forensic appraisal services in legal aid cases can be referred to as forensic appraisal public welfare services. In China, the overall promotion of top-level design and the innovation while maintaining integrity in local exploration have jointly outlined the basic institutional framework of forensic appraisal public welfare services. However, this service also presents problems such as low legislative level, significant differences among regions regarding regulatory content, and rough operating procedures. Forensic appraisal public welfare services not only have the tool value of ascertaining case facts and achieving substantive justice, but also have the inherent value of promoting the balance of power between the two parties, promoting human rights judicial protection, and improving litigation efficiency. In the future, it is necessary to strengthen the systematic construction of forensic appraisal public welfare services, taking national responsibility, due process, and litigation efficiency as the basic principles thereof, adopting the legislative model of incorporating forensic appraisal public welfare services as a whole into the Legal Aid Law, and improving specific designs from the aspects of service provider, service scope, operating procedures, guarantee of funds, and digital construction.
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    Practice Exploration and System Improvement of the Development of Integration of Appraisal and Mediation
    ZHAO Chaoqin
    Chinese Journal of Forensic Sciences    2025, 0 (1): 10-18.   DOI: 10.3969/j.issn.1671-2072.2025.01.002
    Abstract70)      PDF(pc) (1183KB)(234)       Save
    The integration of appraisal and mediation refers to the integration of pre-litigation appraisal and pre-litigation mediation. The development of integration of appraisal and mediation is an innovative attempt to adhere to and develop the “Fengqiao Experience” in the new era, and it should follow the principles of consensus, suitability and integration. Various regions have carried out diversified explorations in the field of integration of appraisal and mediation, laying a good foundation for the system improvement of the the procedures of integration. The implementation of the Supreme People’s Court’s Working Regulations on Entrusted Appraisal in Pre-litigation Mediation (Trial Implementation) has played an important role in integrating public legal service resources and promoting the construction of the public legal service system. The specific presentation of the integration of appraisal and mediation in the litigation process can be directly observed in some effective judgment documents. The relevant facts, evidence and law application have been clearly expressed in the parties’ submissions, the focus of disputes, the reasoning of the judgment and other parts of such effective judgment documents. In response to the practical needs of the integrated development, and aiming at the existing problems in the development of the integration, such as the unclear basic positioning, the unclear conditions and functions, the insufficient synergy of procedures, and the imperfect evaluation mechanism, it is proposed to formulate a special judicial interpretation on the integration, to clarify the basic positioning of the leading role of people’s courts  and the judicial administrative organs’ participation, to integrate the main functions and double review conditions of the legal service entities, to standardize series procedures of the integration, and to precisely design the evaluation mechanism for the integration.
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    On the Integrated Development of Arbitration and Forensic Appraisal in Public Legal Service
    WANG Ling, XUE Jiao
    Chinese Journal of Forensic Sciences    2024, 0 (6): 16-24.   DOI: 10.3969/j.issn.1671-2072.2024.06.002
    Abstract93)      PDF(pc) (1216KB)(310)       Save
    As two important components of public legal service, arbitration and forensic appraisal have common features such as consistency of purpose, commonality of evidence, legitimacy of procedure and neutrality of position. In order to solve the barriers and problems existing in the practice of the two in practice, it is necessary to pay attention to the necessity of their integrated development, strengthen the division of labor and cooperation under the legal framework with the guidance of the symbiosis and the theory of value complementarity of the rule of law principle, and uphold the modernization theory of integrated development, explore diversified dispute resolution mechanisms, and adhere to judicial support and supervision. Through the integrated development of the two, explore a new reform practice path in the new era to effectively solve the practical barriers between the two in terms of service logic conflict, lack of complementary mechanism and non-smooth connection of procedures. To this end, it is necessary to strengthen the connection and cooperation between arbitration and forensic appraisal, strengthen institutional cooperation and information sharing, optimize the service process and standards in the cooperation process, strengthen the training and introduction of talents, and promote the international development of the integration between arbitration and forensic appraisal.
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    Appraisal Consultation: The Public Legal Service Function of Forensic Appraisal Institutions
    ZHU Rui
    Chinese Journal of Forensic Sciences    2024, 0 (6): 25-35.   DOI: 10.3969/j.issn.1671-2072.2024.06.003
    Abstract120)      PDF(pc) (1276KB)(320)       Save
    For a long time, appraisal consultation has not received sufficient attention. As a  public good, it is characterized by non-rivalry and non-excludability, capable of generating significant social benefits. The evaluation of its social effectiveness is based on professionalism, service quality, and cost efficiency. The primary social function of appraisal consultation is to prevent and resolve disputes, thereby contributing to the reduction of aggregate social expenditures. This function is central to its role as part of public legal service. To fully bring into play the potential of appraisal consultation, it is strategically essential to ensure coordination between forensic appraisal and other public legal services, as well as alignment with litigation services, while promoting regional collaboration. From a development standpoint, this requires strong government involvement alongside efforts to invigorate market participants. At the same time, the public-private partnership (PPP) model should be actively explored and practiced to optimize the operation mechanism of the public legal service system.
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    The Integrated Development Path of Forensic Appraisal in the Modern Chinese Public Legal Service System
    YANG Kai
    Chinese Journal of Forensic Sciences    2024, 0 (6): 1-15.   DOI: 10.3969/j.issn.1671-2072.2024.06.001
    Abstract131)      PDF(pc) (1366KB)(327)       Save
    Forensic appraisal is the scientific cornerstone for civil judicial procedures and a key link in the modern public legal service system. It plays a forward-looking role in ensuring judicial justice and improving judicial efficiency. It is deeply involved in the settlement mechanism of complex social conflicts and disputes, and strives to maintain social order and stability. Its core value lies in procedural legitimacy and conclusion appropriateness, which are closely related to the value judgment in the judicial process, reflecting the organic combination of technology and law, as well as the in-depth practice of the principle of fairness and justice. The characteristics of forensic appraisal include inclusiveness, openness, stability and guarantee. It integrates with other legal service mechanisms such as notarization, mediation, arbitration, legal aid and lawyer system to jointly promote the construction of a modern Chinese public legal service system and provide more comprehensive and efficient legal support and scientific guarantee for social governance.
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