Legal Research On Forensic Clinical Duplication

In recent years,China's criminal lawsuit,many problems in judicial authentication and identification for the same special case more and more obvious divergent,these cases also gradually to be the concern of the society from all walks of life.At the same time,due to the differences in judicial expertise,the problems such as repeated identification,protracted cases,long-term petitions,waste of judicial resources,and declining judicial credibility have become increasingly prominent.The standing committee of the National People's Congress the decision of the management of judicial authentication "promulgated in 2005,began to play a guiding role in judicial practice,the 2012 revision of the criminal procedure law also part of judicial identification has adjusted,but in the current judicial practice still exposed to repeat the judicial identification of abuse of new appraisal,the appraisal opinions by random.According to statistics,repeated identification phenomenon more focused on the degree of identification,the cause of death of injury and mental disorders identified three types,which belongs to the injury degree of forensic clinical categories identified case number in the judicial practice,and the appraisal opinions of slight injury,minor injuries,serious injuries as a judgment on the basis of a direct impact on the case of the parties,the criterions for the conviction of the appraisal opinions of the parties continuously put forward new appraisal application,result in the field of repeat identification problem is particularly prominent,seriously affected the justice and efficiency of criminal procedure.By way of case analysis,this paper select criminal cases involving the forensic clinical repeated identification Zhu Mou analysis and research,in the case of forensic clinical evidence and repeat the legitimacy of the identification,liability for damages of a mistaken identity as the breakthrough point,summarizes the controversial focus in detail,and an analysis of the legal controversy.The main body is divided into three parts.The first part is to review the process ofzhu's criminal complaint and the clinical practice of forensic examination,and to analyze the controversial focus of the case.The second part,the legal dispute focus to the case analysis,in view of the case more forensic the opinions of the legality of the clinical evaluation,repeat the admissibility,and then explores its error identification of damage compensation liability;Legal thinking,the third part,the case based on the case of case analysis,combined with the development of Chinese current criminal procedural law and judicial authentication work practice,put forward the new appraisal through strict control of the launcher reduce repetitive identification number,at the same time,efforts to increase the rate of the expert witness to appear in court cross-examination make up for the judges to review expert opinion and judgment,finally,the lack of unified access that exist in the judicial authentication management system,the imperfection of civil liability provisions of its recommendations.