A Study On The Quality Control Of Physical Evidence Identification

According to the present concept of evidence, all related evidences except witnesses are regarded as physical evidence, which are the relevant information used to certify the facts of the case after identification, recognition, and judgment of the investigators, procurators, identifiers, and defense layers. Physical evidence identification is a technical tool to guarantee the credibility of evidences. Since judicial officials could get rid of the irrelevant information as well as acquire the effective evidences through physical evidence identification, the physical evidence identification seems rather important during the investigation of a particular case.Evidence identification refers to the need to collect evidence for criminal cases, the use of modern scientific and technological strength of its research and analysis, and finally get the relevant identification information on the material evidence.In accordance with relevant stipulations in procedural law, the evidence could either be applied by the case subject and accepted by judicial office, or actively decided by judicial office to employ qualified identifiers to indentify the collected physical evidences. The identification result upon the physical evidence is legally binding, which can be used to explain the relationship between people and matters in the case to enclose the fact of the case. It can be seen that the scientificalness of physical evidence identification could guarantee the fair judgment of the case to a large extent.However, due to China’s relevant laws are not perfect, in the actual appraisal process always appear many "holes", for the judicial practice the positive evidence identification often have a negative impact, after much evidence identification conclusion ridiculous stories, the society of the judicial means controversial, even of the law also questioned.Nowadays, the new problem faced by evidence identification organizations is how to match the identification result with the rapidly changing judicial methods. In the author’s opinion, one of the key works in judicial construction is to analyze the existing problem in our present identification to improve the quality of identification to the largest extent so as to guarantee the reliability of evidences and achieve justice of the law.This paper analyzes the identification regulations, identification standard, and judgment criteria, combining practice with theories. Furthermore, it illustrates the factors influencing the result of physical identification, in order to create an elaborate quality control system of physical evidence to guarantee the effectiveness and reliability of the identification result. The paper is divided into four parts:In the first part, the author lists several typical related legal cases, and analyzes the influence of the specific content of the case to the society. Including “Nianbin Case”, “Hugejiletu Case”, and “Fudan University Poisoning Case”. Key problems to identification concerning the 3 cases have been analyzed, which lay a foundation on discussion in the following parts.The second part mainly analyzes the problems existing in our evidence identification. In the identification process, can affect the accuracy of identification results for at least the following five aspects:First, the identification unit control not strictly, there are many not through the national quality certification bodies.Second, the professional quality of identifiers is not equal due to lack of unified administration of qualification validation. Third, the execution of identification procedure is casual due to lack of standard identification procedure. Fourth, the effectiveness of identification result is difficult to guarantee since the identification standard has not been standardized. Fifth, check material flow management is not rigorous, the safety and reliability of the test materials are not very good guarantee.In the third part, the significance of evidence identification of quality management standards make elaborate. Identification of organizations in contemporary China, most of which are not recognized the authority of the Department, and the professional level is low blend into one, on the evidence identification once the error will lead to social public science of the industry as a whole controversial, and even lead to unfair justice discussion inside the black box operation, which for social stability is extremely unfavorable. Therefore, constructing a perfect quality control system is very important.In the fourth part, the paper discusses the design of judgment system on identification quality of physical evidences, as the core of this study. In practice of identification, each step should be examined in order to find factors influencing identification quality, make suggestions on quality control, and make a statement on principles for improving identification quality of physical evidences by means of feedback mechanism.