Research On The System Of Judicial Identification In Our Country

Judicial identification refers to a kind of acts of checking evidence, during the course of action,in which an identifier with expertise appointed or invitated by judicial organs after the application of the parties or without the application, with scientific technological methods complying with the provisions of the Criminal Procedure Law, draws a judgment conclusion.[1] Judicial identification serves the acts of investigation, procuratoration, justice and execution and serve their acts of collecting, examing and checking evidence, which is a link in judicial acts. The system of judicial identification refers to the general title of behavior rules and norms of acts of identification in the course of action, including the organizational system, the procedural system, the work system and the management system, mainly. The system of judicial identification is contained in the judicial system, which is a constituent of the system of action and is the content indispensable in the judicial system. An identifier is a central person in the act of identification who plays a more and more important role in the act of action as the subject of providing evidence. Through rethinking the defects of the system of judicial identification in our country and chaos resulting from the system of current judicial identification, the article analyzes and compares the difference of the relative system of judicial identification in the countries of two legal families, probes how to improve legislation and establish unified, independent, new system of judicial identification, starting from specific practice of our country; how to establish scientificly the basic systems of status of action, qualification, commission, rights and duties, legal burdens and bearing witness in acourt, of identifiers, and so on. Starting from the practice of judicial identification in China, the author appeals to legislate as quickly as possible, plans to establish an unified, independent, scientific and just system of judicial identification, to make management of identifiers consistent with norms, to position the status of action of identifiers as"scientific witness",to provide strictly qualification of identifiers, to change the situation in which the commission of identifiers is monopolized by three organs of the Public Security Organs, the Procuratorates and the courts, to entile properly the parties to entrust identifiers in person, to provide explicitly the rights, the duties and the legal burdens of identification, to improve the system of bearing witness in a court of identifiers, so as to change chaos of work of judicial identification in our country at present, to overcome the defects of the system of current judicial identification and to make the system of judicial identification develop toward the aims of scientification, democratization and systematization.