After all the work is ready, the judicial staff announced the rules and regulations of the lottery to all parties. After checking the ball and the lottery machine, the staff started the lottery machine, and finally decided a lottery from more than three judicial authentication institutions.
Second, the principle of judicial expertise.
The principle of legality of judicial expertise means that judicial expertise activities must strictly abide by the provisions of national laws and regulations. It is the premise to judge whether the appraisal process and results are legal and whether the appraisal conclusion has the effect of evidence.
This principle is mainly embodied in the process of legislation and appraisal: the appraisal subject is legal; The identification materials are legal; The evaluation procedure is legal; Determining whether the steps, methods and standards are legal; Five aspects of legality of appraisal results.
1. The judicial authentication institution must be a legal authentication institution that has obtained the right to execute judicial authentication according to the provisions of laws, regulations and departmental rules, or a specific authentication institution entrusted according to the prescribed procedures. The judicial appraiser must be a natural person who meets the prescribed conditions and has obtained the professional qualification license of the judicial appraiser.
2. Judicial authentication materials mainly refer to the objects of authentication and the samples (samples) to be compared. The object of appraisal must be the special problem in the case stipulated by law, and the special problem not stipulated by law cannot be used as the object of judicial appraisal. For example, at present, China's judicial psychological measurement (commonly known as polygraph) and odor identification (police dog identification) are not legal identification objects, and their identification conclusions cannot be used as evidence. Moreover, identify the source of materials (including extraction, preservation, transportation, supervision, etc. ) must comply with the requirements of relevant laws and regulations.
3. The legality of the identification procedures in the submission, decision and entrustment, acceptance, implementation, supplementary identification, re-identification and expert identification of judicial expertise must comply with the provisions of the procedural law and other relevant laws, regulations and departmental rules.
4. The steps and methods of appraisal shall be confirmed to be effective according to law, and the appraisal standards shall conform to the national statutory standards or departmental (industry) standards.
5, the legitimacy of the appraisal results, mainly for the legitimacy of the judicial authentication documents. The appraisal document must have the document format and necessary contents stipulated by law, and the appraisal conclusion must meet the evidence requirements and legal norms.
Three, who will bear the cost of judicial expertise?
Legal authentication institutions shall uniformly charge judicial authentication fees, and the relevant provisions of the state shall apply to the charging items and standards.
The appraisal fee of judicial appraisal is still based on the principle of who puts forward who advances! Therefore, the bearing of the final appraisal fee is related to the appraisal result. According to the provisions of China's judicial expertise rules, if it is determined that medical institutions have medical faults that cause medical damage and medical institutions should bear legal responsibilities, medical institutions should bear legal responsibilities according to the proportion of legal responsibilities. In other words, whoever proposes to do judicial expertise will have to pay the appraisal fee in advance. If the medical institution should bear the legal responsibility, the medical institution shall bear the appraisal fee according to the proportion stipulated by law, and the expenses paid in advance by patients and their families shall be refunded in part or in whole. If the medical institution is not at fault and does not bear legal responsibility after the appraisal, whoever applies for judicial appraisal will bear the appraisal fee. If the application is made by a medical institution, it shall be borne by the medical institution; if the application is made by the patient and his family, it shall be borne by the patient and his family. If it is in litigation, the court applies for entrustment, and generally both parties pay half in advance.
The above is a detailed introduction to the relevant contents of the court's judicial expertise lottery procedure. The procedure of drawing lots for court judicial expertise refers to drawing lots to produce judicial expertise institutions from more than three authentication institutions designated by the court, and the final authentication institution can be produced by drawing lots, which can reduce contradictions and make the results more convincing.