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Research On Forensic Identification System In China

Posted on:2020-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:C R SunFull Text:PDF
GTID:2404330572457464Subject:Law
Abstract/Summary:PDF Full Text Request
Since the enlightenment of the spring and autumn period and the warring states period,China's forensic identification system has undergone constant reform and improvement and achieved brilliant and brilliant achievements,providing scientific basis for identifying cases and solving the problems of forensic identification in criminal,civil and administrative cases.The system of forensic identification mainly includes the legislation of forensic identification,the establishment of institutions,the management of personnel,the initiation and standardization of identification,the supervision and the adoption of many aspects.Forensic identification system is an important basic system to guarantee the judicial justice in our country,and is also the primary prerequisite to ensure the smooth development of forensic identification.To some extent,the forensic identification system reflects the situation of the country's evidence system,judicial system and legal system.When the evidence system,judicial system and legal system of a country change,the forensic identification system must also undergo corresponding changes,or it will hinder the progress of the judicial system,legal system and evidence system.Establishing an independent forensic identification institution is conducive to the objectivity and impartiality of the results.Therefore,perfect forensic identification system has important legal value.The core of forensic identification system is to ensure the smooth progress of forensic identification.Make forensic identification better for the law.It is helpful for forensic workers to use professional medical knowledge to solve medical problems involved in legal practice and provide clues for case investigation.To provide medical evidence for the trial of the case;To provide a medical basis for the formulation of relevant laws and regulations.Although China's forensic identification system has been deposited for thousands of years,the current situation is not satisfactory.Lack of legislation,confusion in the management of appraisers and appraisal institutions,non-standard operation of appraisal initiation and standardization,and imperfect supervision and acceptance system of appraisal.The practice of forensic identification has encountered many problems,resulting in the quality of forensic identification difficult to be guaranteed.The faulted appraisal opinion does not play a positive role in the investigation of the case.Forensic identification systemThe existing problems are as follows: the appraisal system is backward in legislation,not specific enough,resulting in poor operability,confusion in the management of appraisal institutions,unclear responsibilities of appraisers,too low entry threshold for appraisers,inconsistent appraisal operating standards,lack of appraisal supervision,and great randomness in the acceptance of appraisal opinions.There is a close relationship between forensic identification and judicial proceedings and evidence,so it is necessary to perfect China's forensic identification system to ensure the quality of forensic identification.This paper starts from the introduction of the forensic identification system in China,and differentiates the concepts related to the forensic identification system,so as to make clear the study of the forensic identification system and summarize the research content of the forensic identification system,leading to the value of the forensic identification system.By analyzing the current situation and deficiency of China's forensic identification system,this paper compares the overseas advanced institutional framework and practical methods to promote the perfection of China's forensic identification system.Hope led by the National People's Congress to the judicial administrative organ as the main body,the public security,procuratorates,courts and so on with the cooperation of relevant departments,to legislation of forensic field,the forensic institutions and the startup and management,forensic expert built standardized operation and supervision system of forensic aspects put forward corresponding solutions.The purpose of this paper is to construct an efficient and reasonable forensic identification system that meets the needs of China's legal construction.
Keywords/Search Tags:forensic identification, Judicial identification, Identification system
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