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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

Archive

    2014 Issue 5 (Total No. )
    Published: 15 September 2014
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    Rethought on Building the Professional Qualification System of Forensic Appraisers
    YI Min, BAI Zong-Zheng, ZHANG Lin
    2014(5): 1-6. 
    Abstract ( )  
    The forensic appraiser system is the core of forensic appraisal system, and clarifying the professional qualification system of appraisers is the premise in the improvement of the forensic appraiser system. In this paper, the necessity, main difficulties and obstructions for establishing the professional qualification system of appraisers is analyzed, the way to establish the system is put forward and the forensic appraiser system with combination of professional qualification and practicing requirements is pointed out.
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    The Status and Improvement of Appraisers’ Testimony in Court — From the Perspective of Zhejiang Province
    YU Shi-Yu, PAN Guang-Jun, LIN Jia-Dong, YU Xiao-Hui
    2014(5): 7-16. 
    Abstract ( )  
    The new Criminal Procedure Law and Civil Procedure Law further improve the appraisers’ testimony system, the most significant of which is the clear legal consequences of appraiser’s refusal to testify in court. But nearly a year has passed since the implementation of the two procedural laws, the effect of appraisers appearing in court is not obvious. Empirical research data shows that the cause partly lies in the system, and also in the court, the parties and other aspects. Therefore, to improve the system of appraisers appearing in court, we must strengthen the judges and participants awareness of cross-examination in the proceedings, improve the procedure of appraisers’ testimony in court, promote the implementation of the system of expert assistant. Meanwhile, relevant institutions should collaborate to jointly resolve the problems and improve the effect of appraiser testimony.
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    Reflections on Improving the Medical Appraisal System in China
    CUI Yan
    2014(5): 17-20. 
    Abstract ( )  
    The medical appraisal opinion is of importance in determining and judging medical dispute litigations. However, the current medical appraisal system in China is a dual one, consisting of appraisal of medical accident by medical associations and appraisal of medical malpractice by forensic appraisal institutions. Though the implementation of The Tort Law of the People’s Republic of China on July 1st, 2010 eliminates the duality in the application of law regarding medical dispute litigations, the appraisal system has not been unified yet. The paper proposes to set up a unified appraisal system and bring in the expert assistant system to assist and supervise the unified appraisal system. The author hopes that the new system could be more fair and efficient to solve medical disputes in building a more harmonious doctor-patient relationship in the society.
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