| The progress of science and technology has led to the rapid development of forensic identification technology.It has become an important path of criminal judgment to identify specialized problems involved in criminal cases and judge cases according to the opinions of forensic experts.However,everything has two sides.Although expert opinions play a positive role in correcting wrong cases in the field of criminal justice,over-reliance on expert opinions will also face great risks.As the number of using expert opinions as the basis for making decisions increases,so does the number of wrong cases caused by various problems in expert opinions.A total of 41 cases were confirmed to be acquittal after the retrial procedure,including29 cases with "retrial" mark,5 cases with "initial" mark after the retrial procedure,and 7 cases with "final" mark after the retrial procedure.Taking 41 cases as the research object,through sorting out 41 research objects,this paper sorted out the specific problems of the expert opinion in each wrong case,and based on these detailed problems,concluded that before the expert opinion activity,Officials for authentication institutions personnel qualification is not clear,appraisal activities of the chain of evidence preservation system is incomplete,appraisal personnel in various technical deviation appeared in the process of identification,the judge professional limit leads to the misuse of expert opinion,the judicial organs in accordance with the authority of rectifying limited role,for the article discussed in evaluation of exclusion and lay the foundation.In discussing the exclusion and application of mistaken case identification opinions,the criterion of admissibility of evidence in court is divided into adoption criterion and acceptance criterion,and in the adoption stage and acceptance stage,it is divided into relevance,legitimacy,authenticity and reliability.The appraisal opinion is the judgment opinion obtained by using science and technology and knowledge,which should also have the reliability of scientific evidence and be analyzed and discussed in the evidence acceptance standard.Among them,the appraisal opinion that meets the standards of evidence adoption and credit adoption will be discussed in its application in the case,and those that do not meet the above standards will be excluded.Then it analyzes whether the opinion is retained or excluded from the evidence and whether it conforms to the relevance,legitimacy,authenticity and reliability of the evidence.Finally,on the basis of the problems raised in the preceding paragraph,the improvement measures to reduce the errors in appraisal opinions are put forward.It is expected to strengthen the management and assessment of appraisal institutions and appraisers to ensure the corresponding credibility of appraisal opinions;The establishment of evidence custody chain system ensures that evidence is in the original state from collection,storage,appraisal to cross-examination,which will not affect the conduct of appraisal activities.The implementation of personal responsibility system is conducive to accountability.The deviation in the collection and identification process can be strictly isolated by constructing investigation and identification activities;Technical deviation of appraisers can be improved by strengthening business learning,peer review,improving laws and regulations and strengthening the study of laws and regulations;Judicial organs should not only prosecute crimes but also give full play to the role of protecting human rights,strengthen supervision over cases,and discover and correct wrong cases.Paper yu-huan zhang case,for example,using bayes’ theorem and the analysis model,discusses the results of various hypothetical conditions appear,showing that despite the misjudged cases in theory belongs to the small probability events is inevitable,but as long as do the necessary measures,you can do is to reduce the risk of formation of misjudged cases,reduce the probability of the formation of the wrong case. |
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