Research On The Rationality Of The Establishment Of Appraisal Institution By Investigation Organ

The system of judicial expertise is an important part of the judicial system of our country.The generation of forensic expertise technology comes from the need to further explore the evidence in the process of case investigation.Judicial appraisal opinions make the restoration of cases closer to the truth,and whether they are correct or not affects the trend of cases.Therefore,the study of judicial appraisal management system is an important link in the construction of the society ruled by law in China.On May 1,2020,the Ministry of Public Security promulgated the Measures for the Administration of Registration of Appraisal Institutions of Public Security Organs,which once again emphasized the right of the Ministry of Public Security to manage the self-established appraisal institutions.Therefore,the academic circles set off a wave of debate about whether the investigation organs should set up an appraisal organization.Therefore,this paper will study the problem from a new perspective--functionalism perspective.This paper will be carried out according to the six-stage research method proposed by Italian comparative law scholar Cappelletti for the application of functionalism in jurisprudence.According to the six-stage research method,it is integrated into each chapter.This paper is mainly divided into three levels:First of all,it clarifies the relevant concepts and introduces the main theoretical basis.This paper clarifies the attributes of investigation and judicial expertise,introduces the concept of functionalism,and sets up a theoretical model of judicial expertise management based on the number of judicial management subjects and the number of judicial expertise management subjects.Secondly,it summarizes the historical evolution of judicial appraisal institutions in China,lists the key "problems" and "questions" that the investigation organs have encountered in the establishment of appraisal institutions,and responds to them.This paper discusses the present situation of forensic institutions in common law system and civil law system countries and analyzes the similarities and differences.Finally,from the perspective of functionalism,the author focuses more on the issues of national institutions.In addition to discussing the rationality of these institutions--cultural inheritance,fairness and efficiency,development of identification technology,confidentiality and contribution,the author also focuses on analyzing whether the system of investigation and identification separation of different countries can meet the above requirements.Makes every effort to the current situation of the investigation organ set up appraisal agencies to objective evaluation,and to promote the judicial authentication activities under the criminal litigation field of impartiality,independence,its core is not through the system to isolate the investigation organ has appraisal institution,but rather through institutional constraints make an appraiser can’t wrong authentication material,investigators can’t wrong with material,after the opportunity to remedy wrong authentication conclusion.