The Study On The Application Rules Of DNA Evidence

The posit that"Science and technology is the first productibility"does not only applies to the natural science field ,but to the judicial proofing as well . By the great impulsion of this power , man has been mastering more and more ways of proofing in terms of high efficiency .With the development of the genic technology in 1980's , a newly developed evidence ——DNA evidence has emerged into the practice of proofing in some countries , which brings a great evolution to the proofing field both in theory and practice .DNA evidence is like a sword with two incisive edges which can dig out numerous crimes with its mighty proofing power for one side and reveal individual's privacy to public with its keen insight power for the other . The great power of proofing and the possible encroach to the traditional privacy initiates people's debate on the rethinking of crimes , privacy and social morals . And this dissertation is just an effort of attempt to this issue after a rational ponderation of the above questions . The key purposed of this dissertation will be reached if it can fortunately give arise to the interesting to those who were strange to this subject before and render some facilitation to those who has made some researches on it .The main body of this dissertation is consists of more than 33,000 characters , and this dissertation classified into four chapters apart from the Introduction and the Ending , the structure is formed as follows :The introduction points out that being a kind of important evidence , DNA evidence may play a crucial role in the case to great extent , however , it shall not result in a superstitious point of view to us . We should look at it with rational vision .The first chapter introduces DNA technology and the DNA analyses technology used in the legal iatric accreditation . Also it emphasize that DNA evidence is a kind of accreditation conclusion after comparing with material evidence .The second chapter talks about the proof ability of DNA evidence .This dissertation points that the great proof ability of DNA evidence lies upon the scientific procedure of the accreditation , which includes two aspects : subjective one and objective one . The subjective aspect is about the identifier , i.e. their knowledge , seniority , researching field and its relationship between the DNA accreditation , statistics and the DNA data bank ; the objective aspect is about the procedure of the accreditation ,i.e. the acquisition of the accreditation samples , trait conservation , quality control , the tribe record and the informational bank The third chapter illustrates the proof eligibility of the DNA evidence . The author believes that DNA evidence may encroach the parties' s privacy , hence, in order to make DNA evidence eligible , we must legalize the process in the acquisition , conservation and the study of it .The fourth chapter is the key part of this dissertation , the author tries to construct the system of DNA evidence of our country . On the basis of the fore-chapters , the author raises some points of view on the construction and usage of DNA data bank of our country , and make some suggestions in the clarification of the idée , reconstruction of the accreditation system ,the proof ability and the proof eligibility .The dissertation may make some break-throughs in the following aspects : first , classifying the DNA proof ability into subjective and objective ones , and illustrates them selectively ; second , normalizing the DNA data bank and constructing the DNA accreditation system of our country ; last , in the criteria of the accepting of the DNA evidence .