健全统一司法鉴定管理体制研究

Perfecting the System of Unified Administration of Judicial Appraisal

健全统一管理司法鉴定体制是党中央多次下达的指示和任务。回顾了近十年来"统管体制"未予健全的基本原因,探索了"司法鉴定体制"与"统管体制"的关系。根据全国人大常委会的立法规定和党中央的指示,考虑了"统管体制"的结构框架,设计了其中主管、自管、参管、协管方各自的权责;根据当前统管工作的状况,认为"统管体制"需要做好12项涉及全国性重大鉴定工作事项。同时主张,"统管体制"在建设司法鉴定事业方面,要严格坚持中国特色社会主义司法鉴定制度根本原则,坚持司法鉴定应当以服务诉讼活动为主、服务执法执纪活动为辅的方向,坚持社会司法鉴定机构的发展要以公立型机构为主、民营型机构为补充的方向,提出了采取有效措施提高司法鉴定事业的社会地位、树立鉴定主体的服务理念。

It is the instruction of the Central Committee of the Communist Party of China that has emphasized many times to perfect the unified administration system of judicial appraisal. The author reviews the basic reasons for the unfinished job of setting up a unified administration system in the recent 10 years, explores the relationship between the judicial appraisal system and the unified administration system. Based on the current situation of the unified administration work, the author considers the structure of the unified administration system and designs the rights and duties of the administrators, self-regulators and assistant regulators. The author takes the view that the unified administration system needs to do 12 items involved in the major national appraisal work. The author puts forward some suggestions on how to establish the system of supervision and administration. At the same time, with regard to the unified administration system in the construction of judicial appraisal, we must strictly adhere to the basic principles of socialism with Chinese characteristics of the judicial appraisal system, adhere to the direction that judicial appraisal should mainly serve litigation activities and take law enforcement activities as its supplementary function. Publicly owned forensic institutions should be the major structural form of forensic institutions and supplemented by private-owned institutions. We should take effective measures to raise the social status of judicial appraisal, and set up the concept of serving the society by the appraisal institutions.