Study On Dentification In The Criminal Justice System

Identification in the criminal justice system is an important component of criminal procedure and has a specialized, scientific, neutral characteristic. Because of its particularity in the field of criminal evidence, it is of vital importance to establish an effective system of identification in the criminal justice system. There has long been a series of serious problems in the judicial practice: the identification of a wide range of institutions, establishment of overlapping, confusion of running, lack of a scientific and rational management mechanism, absence of procedural provisions in the criminal justice system and the judge's arbitrariness to the conclusions of the identification. This shows that our identification of criminal justice legislation has seriously been lagging behind. There also exist serious problems in the present criminal justice system. And with the continuous advance of the reform of criminal proceedings, it is essential to improve the criminal justice system of China.As to the two systems of statute law and case law, all the major countries have made the corresponding rules for identification in the criminal justice system. Although there is some difference, detailed rules of the system have been made such as the management of the judicial authentication institutions and their functions, the right to start and power of decision of the judicial authentication, the qualifications as authenticators (expert witnesses), authenticators (expert witnesses) in court, the legal effect of identification of legal conclusions and the procedural issues. And they have formed their own characteristics. The author believes that proper inspection and use of the legislative experience in foreign judicial expertise systems for reference, the comparison of the advantages and disadvantages of the two systems of statute law and case law can provide important evidence for identification in the criminal justice system and are of significance to better identification in the criminal justice system of China.Meanwhile, China's identification in the criminal justice system should also be based on its national conditions. Therefore, the paper gives a comprehensive account of its socio-economic and cultural backgrounds while exploring and analyzing the current criminal system. Based on them, the author also proposes some improving measures: First, establish a scientific, neutral and impartial judicial expertise institute; then those who want to have the qualifications as authenticators must enter for the national examination according to different categories of identifications to reinforce the management of authenticators legally and clarify their power and obligation; finally improve the identification of criminal justice with procedural matters as well as its examination and certification procedures of China.