Research On The Forensic Institutes’ System Reform Of The Investigation Department

The reform of the forensic institutes’ system of the investigation department, related tocitizens’ basic rights of property and personality, related to the success of the whole forensicappraised system reform, must be given sufficient attention. Forensic institutes’ system reformof the investigation department consists of the institutes reform and the management reform.Institutes reform requires that, on the one hand, it should deal with the relationship betweenthe forensic institutes’ system of the investigation department and the investigationdepartment well; on the other hand, it should handle the relationship between the internaldepartments of the appraisal institutes and the staff well. Management reform needs to updatethe management and the methods of the forensic science institutes and the forensic appraisers.The two parts are not completely isolated. In general, the reform of the institutes oftenpermeated with management mode change, management mode change will involve instituteschanges. The two are unity of both opposite and unified, both different and dialecticallyconnected.Based on the summary of theory and practical experience of our forensic appraisedsystem, draw lessons from research results and practical experience in this field of home andabroad, analyze the effects of several aspects of the Forensic institutes’ system reform of theinvestigation department which should be paid attention to. Ensure the neutral of the appraisalinstitutes, to promote the investigation work, it is the inevitable result of the impact. On thisbasis, conceive the implementation and plan of the reform of the forensic institutes’ system ofthe investigation department.The author organizes the paper in accordance with proposing, analyzing and solving theproblems. In addition to the introduction and conclusion, this paper is more than28000words,and is divided into four parts.The first part briefly introduces the theory and practice of the forensic appraised systemat this time, and analyze them from multiple interests balanced perspective. First, summed upthe theory on current academic circles about the reform of the forensic institutes’ system ofthe investigation department: centralized system, decentralized system and a unifiedmanagement of multipolar system; secondly, from two aspects of institutes and mechanism,appraisers’ management, analyze the practical situation, pointed out the deficiency in practicalwork; finally, analyze the situation of the theory and the practice from the interest balanced perspective. Draw the conclusion: one is the reform is lack of the idea which should befollowed; two is whether in theory or practice are excessive dependence on government inthe process of the reform; three is the reform train of thought of neglect of the connectionwith the investigation department reform; four is the reform is lack of legal basis.The second part mainly elaborated the lessons from the foreign forensic institutes’ systemof the investigation department. Mainly includes two aspects: on the one hand, brieflyintroduces the foreign forensic institutes’ system of the investigation department, analyzes thecharacteristics of the foreign forensic institutes’ system of the investigation department in theUnited States, Britain, Germany, France and Japan; on the other hand, through thecomparative analysis, summarizes the lessons of the establishment, personnel management,organization management, restrictive measures and other aspects of the reform from theforeign forensic institutes’ system of the investigation department.The third part focuses on the problem which should be paid attention to in the process ofthe reform of the forensic institutes’ system of the investigation department, to lay atheoretical foundation for putting forward to the concrete reform measures. Firstly, it shouldbuild multivariate interest balance theory to guide the reform; Secondly, pay attention to theaffection of the transformation of the idea of the evidence in criminal procedure to theforensic institutes’ system reform of the investigation department; thirdly, deeply understandthat the various stages of the investigation activities rely on the forensic institutes and theappraisers; fourthly, The affection in forensic science attribute understanding on theforensic appraised system reform of the investigation department; fifthly, The affection of thenon-profit understanding on the criminal judicial appraisal in the reform of the forensicinstitutes’ system of the investigation department; sixthly, the affection of the criminalprocedure law revised to the reform of the forensic institutes’ system of the investigationdepartment.The fourth part puts forward to the measures for the reform of the forensic institutes’system of the investigation department.First of all, in law, proposed the establishment of aunified " judicial appraisal law ", the reform of the forensic institutes’ system of theinvestigation department should be defined in a special chapter; secondly, as the institutesreform, advocating to changing the relationship between detection department of investigationand the forensic science institutes, to build a pattern of technique leading investigation.Change the internal organization of the forensic science institutes of the department of investigation, build two independent ranks of experts. Change the establishment andmanagement of the forensic appraisal organizations, making them completely independent ofthe existing system; finally, in institutes, personnel management reform, one is to establish ascientific, perfect assessment standard. Two is to establish the management mode for theforensic science institutes of the investigation department of government as a supplement andindustry association as a dominator; three is to strengthen the supervision to the forensicscience institutes and appraisers of the investigation department.