By Xie Chuanjiao (China Daily)
Updated: 2007-08-15 07:12

New legal guidelines detailing authentication procedures for evidence in court cases will take affect from October 1.

The new rules, released on Monday by the Ministry of Justice, are aimed at preventing "disorder" in the judicial authentication process.

The rules govern the collection of evidence in cases involving women, minors, autopsies and psychiatric expert assessments.

Under the new system, a female judicial authenticator must be present during gynecological examinations to collect evidence. If a female authenticator is not available, other female judicial officials should be present to supervise.

If physical check-ups are needed for minors, their guardians should be informed and present when possible; and during psychiatric assessments and autopsies, the relatives or guardians of the parties involved need to be present.

If material evidence needs to be collected, at least two official "authenticators" should be present to verify the procedure to make sure the evidence has not been tainted.

The rules, also for the first time, emphasize that State or commercial secrets and matters of individual privacy should not be divulged during the authentication process.

To better suit the needs of the legal system, the time required to authenticate evidence has been extended to 30 days from 15.

"The new rules, which replace the version implemented in 2001, are aimed at better adapting to social changes and ensuring a high quality collection of physical evidence," Huo Xiandan, head of the ministry's judicial authentication administrative bureau, said.

The changes come in response to growing discontent over how lawsuits are handled.

Experts have called for more reforms in such areas, and would like to increase public access to authentication services.

Xu Ligen, an evidence expert with Renmin University of China, wants to increase courts' power to independently authenticate evidence so they do not have to rely solely on public security authorities and other institutions.

Forensic medicine expert Yan Liqiang said the system for authenticating evidence has long been plagued with problems.

"It is a matter of great urgency to establish a perfect authentication system," Yan said.