On Standardization Of DNA Identification Procedure

With the rapid development of gene technology, DNA identification technology with high being scientific, objectivity and uniqueness in judicial practice plays a more and more important role. Especially in criminal judicial field, with its high accuracy in personal identification, which let countless suspects confession and lots of verdicts reversed, DNA identification technology has become an important means in investigating criminal cases and deciding crime. However, this does not mean that DNA identification technology is flawless, which is also possible of producing mistakes. Because DNA evidence shall be obtained through a series of procedures of extracting, preservation, transportation and identification, which are in the control of human, flaws in any procedure may affect the reality and reliability of DNA evidence. At the same time, the judicial application of DNA identification technology would give rise to infringe human rights. Therefore, it is necessary to regulate China's DNA identification procedure. For this reason, this paper analyzes in this research various cases where DNA identification procedure may lead to wrong judgments after a study of DNA identification technology theories and a study of all aspects of its application in criminal procedure, proposes a framework of DNA identification procedure, so that the use of DNA evidence in criminal justice can be orderly, rational, fair and effective.Except preface and conclusion, the text is divided into four parts.The first part is the introduction to the theory of DNA identification technology. The first part briefly introduces the principle of DNA technology. Firstly, introduce DNA and DNA identification procedure briefly; secondly, through DNA identification technology principle, we learn about the DNA identification technology has two basic attributes of specificity and stability. The second part makes the correlative analysis of the value of DNA identification technology: DNA has important value in deciding crime, rectifying wrong cases and improving the efficiency of lawsuit.The second part introduces and analyzes the legality of foreign DNA identification technology. This part is mainly the related introduction and evaluation of the United States and Germany's DNA legislation status, in order to help China standardization of DNA identification procedure construction.The third part analyzes the various reasons that may cause DNA identification procedure error. First, before DNA testing, in the links of specimens collecting and preservation, if lack of uniform and standard system measures, this will affect DNA expert conclusion reality and reliability; and in the process of collecting DNA specimens, if being lack of due process, it also may infringe citizen's body right, privacy right and dignity. Second, DNA laboratory test link will affect the reality and reliability of DNA expert conclusion. The standard of our DNA identification procedures is not regulation and uniform, this seriously impacts on the DNA expert conclusion reality and reliability. Firstly the court laboratory quality control is lack of unity and clear quality standards, it dose not conducive to the forensic DNA identification laboratory standardized operation, along with leading to the difference of identification between laboratories, which affects the reality and reliability of DNA identification conclusion. Secondly being lack of unity in management mechanism of DNA appraisal personnel, it will result in the wrong DNA expert conclusion or DNA the conflict of expert conclusion. It main features in multiple management of appraisal organizations, affecting the unity and standard of DNA appraisal personnel's qualification; the DNA appraisal personnel's certification system is not uniform; the DNA appraisal personnel evaluation and training system are not sound and the DNA appraisal personnel ethics four aspects. Third, the review on DNA expert conclusion has defect, it can also affect the accurate understanding of expert conclusion. Firstly in the confrontational procedure of DNA expert conclusion, because the rate that DNA appraisal personnel don't appear at court is high, the defendant is lack of effective support of forensic science, thus the confrontational procedure weakening the function of reviewing DNA evidence. Secondly in the adoptive procedure of DNA expert conclusion, in lack of objective understanding, the judge trusts the proof of DNA identification conclusion blind, and generally accepts more than rationally examines.As to the foregoing problems in the process of DNA identification, the fourth part respectively from three aspects of the biopsies acquisition and storage before DNA test, appraisal inspection activities and DNA expert conclusion of judicial review after DNA test, puts forward the idea of standardization construction of DNA identification procedure. Firstly, construct the standardization process of the biopsies acquisition and storage before DNA testing. Firstly by establishing protection principle, full principle, timely collection principle, and witness and recording principle, standardize the link of the biopsies acquisition; secondly, DNA specimens storage should follow backup principle, the principle of environmental protection principle, administration and registration of principle, and witness, supervision principle, to protect the value of DNA evidence in the litigation. Moreover, as to the conflict between DNA mandatory sampling and protection of human rights, respectively from the five aspects of basic principle, applicable objects, implement procedure, rights protection and relief mechanism, legislation regulating, mediate the conflict. Secondly, we should build standardized DNA identification procedures. In the first, through establishment of a unified, standardized DNA testing laboratory quality control standard, and of DNA lab for regular professional testing and evaluation system, perfect the laboratory quality control standard. Secondly from the three aspects of perfecting the access of DNA appraisal personnel, the establishment of DNA appraiser credit evaluation system, strengthening the training and ability examination of DNA appraiser, establish a unified, standardized DNA appraiser qualification administration system, to ensure the accuracy and reliability of DNA identification process. Thirdly, as the final checkpoint of DNA identification conclusion, perfect and normative court review procedure can prevent the occurrence of wrong decision, which is caused by using DNA evidence wrongly. Therefore, build the confrontational and adoptive procedure of DNA expert conclusion standardization, to ensure the ability and proof of DNA expert conclusion. First, perfect the confrontational procedure of DNA expert conclusion. Make sure that examine and judge DNA expert conclusion ability by three elements of objectivity, connections and legitimacy. On the one hand, through the perfect system of DNA appraisal personnel, establish the forensic science aid system and the judge's attention duty, in order to strengthen the conditions and ability of the confrontational procedure between the plaintiff and the defendant to DNA evidence. On the other hand, further strengthen and perfect our country's court the cross-examination process. Secondly, establish adoptive rules of DNA evidence. Through not convicted only by DNA evidence and DNA evidence reinforcing rules to be established, and strengthening the judge's obligation to clarify reasons to adopt the DNA expert conclusion or not, regulate the judge to adopt the DNA expert conclusion ability. Based on building comprehensive and standard DNA identification procedure, realize relative unification of legality and rationality of the application of DNA identification technology.