Research Of DNA Identification Of The Legal

With the continuous development of gene technology and perfect, DNA identification technology is also near perfect in its scientific, objectivity which play an increasingly important role in the judicial practice activities, but at the same time, DNA identification techniques in the use of judicial practice facing an unprecedented embarrassment. DNA identification technology on the one hand, its powerful ability to prove restores the facts of a large number of cases truly and clearly, and numerous criminals can be lodged to greatly increase the effectiveness of judicial proceedings to prove; On the other hand, the massive amount of information which produce by DNA identification technologies may lead to a series of issues, such as the impact on people's privacy, thinking of the crime, employment discrimination. To resolve this embarrassing situation and maximize the positive effect of DNA identification technology in the use of proceedings to prove, The role of legal regulation is essential. so, to make the use of DNA identification technology which is applied in the proceedings to prove in our country and to Build dams to block the flood which may lead by DNA identification techniques. We have to Construction a legal system of DNA identification base on the china's traditional ethics, the characteristics of DNA and the china's current judicial environment. This will make up the legal deficiencies on the aspect of the DNA identification in our country, will promote the establishment of China's DNA identification legal system, will reach a relative uniform of legitimacy and rationality on the use of DNA identification techniques.The full text is divided into four parts, about 30,000 words, describe the relevant theoretical knowledge of DNA identification and practical application of the proceedings , and introduce the legalization of DNA identification abroad and in Taiwan, and analyse the ristriction which gene ethic and civic privacy make on DNA identification, and propose a concrete idea on DNA identification according to China's specific judicial environment. The mainly adopted research methods are comparative analyse, value assesment method, case analyse and literature reference method.Part one An overview of basic theory on DNA identification. It is divided into three parts: The first part introduces the principles of DNA identification and the main methods; the second part describe the practical use of DNA identification in the course of judicial proceedings; the third part do a relevant analysis on the value of DNA identification.Part two The Overview of legalization on DNA identification abroad and in Taiwan This part mainly do a relevant introduce on the legislative situation of DNA identification in the Canada, Taiwan and so on.Part three The restriction on DNA identification. This part mainly elabrate the restriction on DNA identification from the point of view of Gene Ethics, as well as citizens privacy.Part four The construction of China's legalization on DNA identification. This part is the very important part of my dissertation. It first do introduce on the concept of legalization and the concrete situation of China's DNA identification.Than make an elabration of legalization on China's DNA identification on such aspects as the main start of DNA identification; The application of the object; the sampling, analysis, storage of identification; file the result of DNA identification; the rule of third person assistant to DNA identification; the transparency on DNA identification.The focus and innovation of the full text is to find a legal system of DNA identification which is suitable for China's local environment based on today's China DNA identification in Practice. This legal system reference the legislative experience from abroad and combined DNA identification with gene ethics, Proceedings to prove and legal environment in China. It consistent with the genetic ethics, protect the privacy of citizens in the process of DNA identification. And it also maximize the positive effect and practise value of DNA identification.