The Research Of Uncertain Handwriting Identification

Based on continuous improvement of the litigation system and the people's justice in the entity of both real and procedural due process, science and technology issues have been gradually replaced by legal issues, becoming the focus of attention during the proceedings. A large number of trial examples tell us that science has not yet to fully convince the public of the area is often the focus of debate of the law.As China's process of deepening the rule of law, the judge dependent on expert testimony in the judicial activities of the relevant professional grasp of the evidence increasingly. Forensic handwriting identification is an important component of the expert testimony. There is a kind of handwriting expert conclusion which is impossible to be completely under the identified conditions, "yes" or "negative" situation. In some cases, experts are unable to provide 100% certainty of identification of the conclusions. Evidence investigators such as magistrates can't provide certainty of mandatory identification conclusions. Evidence investigators such as magistrate could not ask them to give firm conclusions. Because if so, would someone risk to identify the authoritative experts in the field to replace the judge's judicial authority, which has the slightest benefit for the security of justice and the progress of science.This paper begins in identifying activities, proceed step by step, combined with the real statistics and the full case, trying to complete a more systematic and comprehensive manner the integrity of the conclusions uncertain handwriting identification and application of knowledge. The paper is more than 34000 characters, which is divided into four parts, the fourth is divided into the focus of the article.The first section is the introduction, which describes the logical starting point of the uncertain handwriting identification of the problem. In describing the study findings of the uncertain handwriting identification, the article quoted a lot of statistical data, the current effective laws, administrative regulations, judicial interpretation. This kind of identification is in an embarrassing occasion, which is objective but restricted. In the second half of the first section, the article briefly discusses the ancient and modern Chinese handwriting identification. The article adds up the statistics which was created in the new China, particularly after the implementation of the "National People's Congress Standing Committee on Judicial Expertise management decision". This gives provides the following text a necessary exposition.The second part discusses the basis for the uncertain handwriting identification. This section briefly discusses the special nature of writing habits, stability, reflecting the issues. This section describes the very simple, in order to pave the way for the following, from the perspective of graphology.The third part of the article relies on the basic idea in the natural dialectics of Engels. Combined with the existing legal system, it provides theoretical arguments for the handwriting expert conclusion on the existence of uncertain legitimacy. The law-makers did not cancel the effectiveness of the evidence which is in the uncertain handwriting identification. Apart from the cautious nature of the law-making in addition, apparently, there are still other considerations. The article counts a typical monthly statistics of the Center for Forensic Identification in Southwest University of Political Science and Law. This part uses a large number of examples of handwriting identification, demonstrates the uncertainty stemming from the conclusions of the subjective reasons, objective conditions, a more detailed discussion of the objective conditions of the many constraints, especially review material and sample restrictions for the focus on the object.The fourth component is the most important part of the papers, it discussed how to use the uncertainty of scientific handwriting conclusion. Frye on the U.S. courts to establish the rules of the establishment of a scientific system of major and has far-reaching impact, it established a qualification for the science and technology into the courts. However, with the history, evolution and the development of science, the United States changed the Frye rule, and has established an exactly opposite observation of the standard, until now amending the rules of evidence, which undoubtedly reflects the science and technology and the judicial system of the continuous fit between the processes. For our country, it has an important significance as reference. The handwriting expert conclusion for the uncertain terms, conclusions own "ambiguity", it asked an expert to identify the data, identification method, identification is based on the review and also asked the government, trade associations and other institutions and organizations to identify the bodies and the qualifications of expert witnesses . In addition, the legitimacy of the review of the handwriting expert conclusion is also one of the priorities in this section. " the misunderstanding of Judicial power " says there is the section of our current practice of uncertainty that exist in the handwriting expert conclusion on the existence of misconceptions, and based on real cases as assistant, summed up unreasonable use, illegal use with a number of cases represented by . Then, the article discusses the trial of cases on the recent uncertainty in China by applying the conclusions made by expert testimony. The paper finds the inspection and sample material on that time. I strive to use the dual perspective of the user and the identification of the handwriting expert, discuss how to use the proper application of the handwriting uncertain conclusion. That part is the combination of theory and practical application, reflects the uncertainty handwriting expert conclusion can not only provide support for the investigation, in conjunction with other evidence, the evidence together constitute the final decision chains, but also in the trial, through the integrated use of the provisions of and apply the conclusions to identify cases of uncertain identification of the fact which is the core point of view. In order to reflect the logic of being thorough, the article has a brief discussion of the handwriting expert free appraisal issued by the conclusions of uncertain regulation, citing the Ministry of Justice from 2007 to 2008 of Forensic Identification of the industry governing body of judicial supervision of statistical analysis, attempt to explain the conclusions uncertain handwriting identification can not be made arbitrarily issued.