Research On The Right Of Starting Criminal Justice Identification

In the modern evidence era, the role of justice identification is becoming more and more important. If there is no justice identification depending on specialized knowledge and technical means, some facts of cases can hardly be identified. However, in our country, the legislation of criminal justice identification is so lagging and disordered, which has seriously influenced the judicial justice. As a result, the drawbacks of justice identification system in our country must be changed. The right of starting criminal justice identification is not only the important procedural right in criminal proceedings, but also the key part in criminal identification system. Therefore, it is necessary to perfect the structure of the right of starting criminal justice identification, and this is also the essential way to improve the reform of criminal justice identification.This paper, through legal theory research and practical investigation, aims to studying the concept of criminal justice identification system and the main content on how to make the structure of the right of starting criminal justice identification, and with a comparative way,having a comprehensive understanding of the right of starting criminal identification in civil law system as well as the advantages and disadvantages of the right of criminal justice identification begun by the common law system expert witnesses. Meanwhile, this paper, relating to the current situation of legislative and judicial practices in criminal justice identification, analyses the main problems in this system and finally puts forward concrete ideas about how to perfect the structure of the right of starting criminal justice identification.The whole paper is divided into four parts:the first part is an introduction, which introduces the concept of the criminal justice identification and explains the nature of studying the right of starting criminal justice identification. The second part is about the study of comparative laws in the right of starting criminal justice identification, which firstly introduces the specific models of the civil law countries and common law countries, and then compares these two law systems and analyses the deep reasons of their respective modes. The third part turns to focus on the structure of the right of starting criminal justice identification in our country, in view of existing situation of the legislative and judicial practices in this system of our country, and analyses the key issues of China’s current system. Part Four, on the basis of the third part, puts forward envisagement on how to perfect the structure of the right of starting criminal justice identification. On the premise of the considerations and assumptions about the basic concepts and related system of the right of starting criminal justice identification, a completely new thinking about this system has been given from the starting factors, starting procedure and related assisting systems. The restructure of this system has been finished in starting criminal justice identification of our country.