Research On The Issue Of Identification By Public Security Organs

Proof of criminal proceedings refers to the activities that the investigators of the investigation,procuratorial and judicial organs use the evidence collected in accordance with the law to confirm the facts to be proved in the case during the criminal proceedings.The Criminal Procedure Law stipulates eight major types of evidence,among which the identification opinion is often regarded as scientific evidence because it is the result of the verification of specialized issues by people with specialized knowledge based on scientific principles and methods,and it is often considered that its probative force will be higher than that.other evidence.The Criminal Procedure Law stipulates that the public security organs perform the function of identification.Whether it is a criminal technical identification or the identification that the public security organ has retained and engaged in after the "Decision on the Administration of Forensic Identification" issued by the Standing Committee of the National People’s Congress,the public security organ has accumulated and developed rich results.,and made a positive contribution to the identification industry.However,on the one hand,it is based on a series of high-impact criminal injustice(wrong)cases that have been exposed in the past 20 years,and there are many problems in the identification.,has also caused more reflection in the research.Among them,the outstanding problem is the worry about the scientific novelty and reliability of the identification by the public security organs.The referee is eager to be sure about the determination of the facts,and the identification opinion is usually based on the "secondary processing" of the scientific basis,and it is a matter of course that the evidence is stronger than other evidence,so whether the identification result truly achieves scientific verification and gives a certainty.The result is the expectation that criminal proceedings prove.At present,only the investigation department of the judiciary has retained its own identification,including institutions and personnel under its own management.The public security organs have issued a series of documents including the Measures for the Administration of the Registration of Identification Institutions,the Measures for the Administration of the Registration of Appraisers,and the Rules for the Identification of Public Security Organs,which define identification as a scientific evidence-based activity that serves both the investigation and its administrative functions.This paper mainly studies the identification of the public security organs in the investigation,which is a task-assigned identification activity.It is mainly completed by the public security organs.Different identification methods are used for different identification types.It is one or the other,and after review in the lawsuit,it is up to the referee to decide whether to accept it and use it to find the facts.The public security organ identification is different from the criminal technical identification.The result of the identification is that the identification opinion is directly legal litigation evidence,and there are special legal provisions;the public security organ identification is also different from the forensic identification of the social identification agency.The public security organ appraiser is a functional appraiser.,although the neutrality of identification is required,it mainly serves for investigation and case handling.The completion of forensic identification by a social identification agency is a contractual entrustment,which is more neutral.While the identification of the public security organs has made significant contributions to the investigation and cracking of cases and proof of criminal proceedings,they have indeed discovered some deficiencies in the disclosed series of criminal injustice(wrong)cases.These deficiencies are representative in practice and have existed in the past.,it does not mean that it has disappeared now,nor does it mean that it will not happen in the future.From the perspective of scientific verification of identification opinions,these shortcomings are mainly manifested in the lack of strict grasp of identification standards in the process of identification and verification,resulting in distortion of identification results,and improper use of identification methods,resulting in the lack of proper causal relationship between identification matters and fact-finding,and identification opinions.Difficulty rectifying without rigorous scrutiny leads to misidentification of facts in the referee.This has a certain relationship with the existing legal system,institutional system and identification structure of the current public security organ identification.It is necessary to improve the identification system as a whole on the basis of continuous research on identification standards,identification methods,and identification opinion review to promote its overall improvement.Studying the identification of public security organs is a systematic project involving a wide range of areas.The definition of this article is to solve the scientific problem of its evidence,and it is necessary to focus on how to understand the specialized problems encountered by the public security organs in the investigation and handling of cases,and what principles and methods should be used to recognize the identification materials,and how to recognize the knowledge.How to interpret and evaluate phenomena and results,what basis and reasons are used to arrive at the final identification results,and through strict review to ensure that the identification opinions play their role in scientific proof on the right track.Especially in the identification process and result verification,what standard the appraiser’s cognition reaches is credible,how to achieve this standard,and how to ensure it through the control,increase,decrease,balance,and function realization and control of people and tools The formulation of this standard and the process of reaching the standard are credible and reliable,and what kind of methods and methods can be used for this purpose and what kind of identification system can be constructed to ensure that these behaviors and results meet the needs of criminal proceedings and the modern rule of law,and promote judicial The overall progress of civilization.This paper consists of an introduction and six main chapters,and adopts the research thinking line of problem introduction-element analysis-problem interpretation-standard establishment-method application-result revision-system guarantee.The article adheres to the problem orientation,and tries to be full and credible through theoretical demonstration and a large number of practical cases.The introduction part mainly introduces the origin of this research topic,theoretical and practical significance,domestic and foreign research review,the main content of this research,main research methods and possible innovation points.The problem of selecting the topic of this research stems from the analysis of the problem identification of typical cases and the practical understanding of the identification of the public security organs.Justice,prevention and reduction of wrongful convictions have both theoretical and practical significance.The appraisal of foreign investigative agencies mainly restricts and regulates criminal appraisal from the configuration of appraisal power,the selection and appointment of appraisers,the procedural method of reviewing the evidence ability of appraisal opinions,and the evaluation and evaluation of appraisal technical methods and other substantive methods,so as to realize the criminal appraisal opinion.The credibility and reliability of the appraisal;the existing domestic research focuses on the review and judgment of the appraisal opinions,and the construction of appraisal standards has been vigorously strengthened in practice,and believes that the scientific nature of appraisal opinions,the correlation between appraisal results and the matters to be verified,and the allocation of appraisal rights Issues such as the appraisal system should be strengthened.This research uses a variety of research methods such as literature research,comparative research,and empirical research,and completes the creation according to the ideas of determining goals,formulating plans,advancing step by step,and revising results.From the perspective of scientific evidence establishment,it systematically demonstrates the three technical aspects of the public security organs’ appraisal standards,appraisal methods and appraisal opinions review and judgment,and proposes to build an appraisal model to improve the efficiency and technological level of appraisal,which is innovative to a certain extent.The first chapter defines the concept and connotation of the identification problem of public security organs.According to the relevant regulations promulgated by the Ministry of Public Security,the identification activities of the public security organs are scientific proofs carried out in the investigation and investigation of the cases(events)of the public security organs,and actually include the identification in the investigation and the identification in the administrative management.The identification of public security organs provides scientific evidence for the investigation and solving of cases and criminal proceedings.It is itself a scientific evidence-seeking process.In the research,it is necessary to clarify the subject of proof,the object of proof and the rules of proof.Its appraisal opinion is not only scientific evidence,but also special verbal evidence,so it is necessary to regulate the appraisal behavior to ensure scientificity.There is a corresponding difference between the identification of public security organs,the identification of criminal technology,and the identification of social forensics,and the two types of identification are also different.This paper mainly studies the characteristics and needs of the identification of public security organs.The second chapter summarizes and analyzes the deficiencies and the reasons of the identification of the public security organs.The identification of the public security organs originated from the criminal technical identification.It has a good foundation and strong technical force,and has made great contributions to the development of the identification industry in the long-term technical practice.However,due to the imperfection of the law and the identification system of self-investigation and self-inspection,the controversy has not stopped,and the identification of problems reflected in typical cases has attracted more attention from the society.Combined with the actual appraisal practice of the public security organs,there are indeed some deficiencies such as the lack of strict grasp of appraisal standards,the imprecise implementation of appraisal methods,and the emphasis on form over substance in the review of appraisal opinions.The existing laws,appraisal systems,appraisal structures and other related issues have led to these deficiencies.The main reason needs to be studied and improved.The third chapter expounds the path selection and practice of the identification standards of the public security organs.Compared with the standard of proof in criminal proceedings,which is divided into stages and levels,the appraisal standard of public security organs is the proof criterion determined in the stage of investigation.appraisal opinion.The identification of public security organs can consider the dimensions of identification standards from three aspects: institutional standards based on litigation law,substantive standards in applied technology,and comprehensive standards.The public security organs have carried out a lot of practice on the appraisal standards and achieved many achievements.The appraisal standards regulate the appraisal term,appraisal process and behavior,and result evaluation requirements.The appraisal standard for the result evaluation part is the key regulation of the appraisal certification standard.Provide more guidance and guarantee the smooth realization of identification.The fourth chapter demonstrates the technical optimization of the identification methods of the public security organs.Scientific identification methods do not necessarily achieve scientific verification of identification matters,and doubtful identification opinions should not be used as evidence.Fiction and presumption,exclusive proof,and judicial cognition are applied to identification methods from the perspective of legal methods,and need to be carefully implemented in identification,which we call the external optimization of identification methods.Regarding the application of identification and inspection,inspection and detection methods by public security organs,the application of methods based on natural science and technology,and the role of psychological effects on identification,all should focus on the scientific realization of the principle,which we call the internal optimization of identification methods.Since the appraisal opinion is ultimately the subjective expression of the appraiser,it should be particularly emphasized that the probability,reversal,non-monotonicity and innovation of abductive reasoning are applicable in the appraisal.The "cause" of abductive reasoning is the fundamental,and the "abduction" is the method.,which requires us to accurately grasp the principle of "cause" and the method of "traceability" in identification to make identification more scientific and standardized.The fifth chapter discusses the examination and judgment of the appraisal opinions of the public security organs.The law stipulates that the expert opinion must be cross-examined before it can be used as the basis for judgment,so as to avoid it directly becoming litigation evidence and infringing on the legitimate rights and interests of criminal litigants.The identification agencies and appraisers of the public security organs shall conduct technical internal audits on identifications in each identification link,including the normative and legal review of identification materials,process methods,evaluation judgments,and identification opinions formation,so as to ensure the scientificity and reliability of identification results.All subjects in the criminal procedure should play an important role in review,and conduct a comprehensive review of the scientific nature of the identification and the credibility of the identification results within the framework of proving legal facts,so as to ensure the scientific application of the identification opinions and maintain judicial justice.The sixth chapter puts forward the opinions and suggestions on the improvement of the identification system of the public security organs.The existing identification practice of the public security organs has not been able to achieve the ideal identification state well.Continuously improving the identification system of the public security organs and making full use of scientific and technological means to empower the identification are the future trends of the identification of the public security organs.The establishment of a public security organ’s identification opinion disclosure system is conducive to the play of its role as scientific evidence;strengthening the procedure and system construction on the existing basis,and continuously promoting identification legislation is an ideal way to improve the public security organ identification system.At the same time,the construction of the public security organ identification model based on the AI platform through informatization,artificial intelligence and other technological means can optimize the overall operation of the public security organ identification and improve the scientificity and efficiency of the identification.