The Research On Consummating The Identification Of Criminal Procedure

Along with social progress and technological development, and criminate become technological and intelligence, the identification of criminal justice are playing an increasingly important role to prove facts of the case. In jurisprudence and practice, research about the identification procedures of criminal justice is increasing attention as an important sector issues in recent years. It is no doubt that, scientific expert conclusion of criminal identification process is the premise of the right to identify the reasonable conclusion. And it can ensure the correct identification of an important condition, and it is the reasonable identification procedures are trials to protect the proper use of expert conclusion. National People's Congress Committee has adopted "The Decision on Judicial Expertise Management Issues" (hereinafter referred to as the "Decision") in February 28, 2005, but the existing identification procedures still imbalance of power in criminal prosecution and the defense start; lack the supervision in the Identification of implementation process, it's common to repeat identification; court experts non-standard to choose conclusion and so on. Therefore, it's great significance to study the identification of Criminal Procedure .In this thesis, the author used literature survey to sort and describe the concepts and basic theories about identification of criminal justice process, carding the advanced experience of foreign identification of the criminal justice process, comparative analysising the advantages and disadvantages of the common law and civil law. The paper comparative study the progress of the identification of the criminal justice program at start, implementation, cross-examination before and after the "Decision" implementation. In the study, authors found that chinese identification procedures still imbalance of power in criminal prosecution and the defense start; lack the supervision in the Identification of implementation process, imperfect in cross-examination process and so on after the "Decision" implementation. The paper summarized reference method, learning from foreign advanced identification procedures of criminal justice experience, giving recommendations to improve the identification of the criminal justice process from the start, implementation and cross-examination of criminal identification: In the reconstruction of our country start of the criminal justice process, the author recommended to keep and improve the FORENSIC right and established the public prosecution's dominance in the investigation stage of criminal justice.At the same time, giving the parties the participate right. In the reconstruction of our country implementation of the criminal justice process, implement "final identification" system in identification number and duration, normative standardize procedures and identification of active supervision and management system, formulate a unified appraisal standards, normative the criminal justice identification documents. In the reconstruction of our country cross-examination of the criminal justice process, establish the system of conclusions of criminal identification and the pre-trial discovery in criminal expert on qualifications and the conclusion reviews, at the same time, strengthen the identification of obligations and responsibilities to attend court.