Research On The Repeated Authentications In Criminal Procedure

Recent years, the repeated authentications of criminal cases have been placed in the newspaper frequently, which reflected wide public concern and invoked people into deliberation on the neutrality of identification, judicial justice, litigation efficiency. The academic and practical circle as well as the legislature took reflection on the system of criminal identification. A hundred schools of thought contend in the heated debates. Such atmosphere started my dissertation writing, the author discovered and analyzed the problems from an empirical perspective, expecting to review and sort out the studies of law. It's great pleasure if the paper could lead to any new and creative ideas.The dissertation is divided into 4 parts with 47,000 Chinese characters.The first part begins with the fundamental theory of judicial authentication, demonstrating the differences between criminal identification and that in civil, administrative and non-litigated procedure. Then the basic concept, the feature and dual character of judicial identification is elicited, which prepares for the research.The second part draws inspiration from the judicial practice. Eight criminal cases and one incident show the abuse of repeated authentications in criminal procedure. Through comparing and analyzing the characteristics, research is moved on to two basic problems behind the situation which result in miscarriage judicial justice and increase of judicial cost.The third part analyses the causes for the abuse of repeated authentication in an over all way. To study the management system of criminal identification, responsibility of judicial forensic staff and the technology of criminal identification are considered. When research is carried out from perspective of criminal procedural system, the start mechanism of criminal procedure, the challenge procedure of judicial forensic staff and notifying way of conclusions are explained. Then exploring the system of criminal evidence, the causes that arise from the cross-examination and attestation of the evidence are found. The last part is about a countermeasure study on the abuse of repeated authentication. Except for advancing an unified management system of judicial identification, the author put forward improving challenge system of judicial forensic staff, the notifying method of conclusions and the system of repeated authentication. In addition, the prosecution and advocacy should start the criminal identification equally. Series of reformation should also be taken on the system of cross-examination and attestation of identified conclusions. Hopefully these solutions could relief the repeated authentication in criminal procedure.