Forensic Liability Theory

The system of judicial identification responsibility is part of judicial identification system and also part of judicial procedure. It is still not complete yet in our country. The characteristics of judicial identification include scientific nature, lawfulness, passivity, neutrality and action in person, etc, and the scientific nature is the intrinsic quality. It is of significance to establish and perfect the system of judicial identification responsibility as to accelerate judicial reform, to deepen people's recognition of the scientific nature of judicial identification, to promote the development of the science of identification and raise technical level, to strengthen the responsibility of identifier and to safeguard the legal interests and rights of interested person and prevent the loss of victim because of mistaken identification. The types of judicial identification responsibility can be divided differently according to different principles, but the main nature of the judicial identification responsibility is tort responsibility. It consists of subjective intention or great misfeasance of identifier, illegal identification, result of damages, causality between illegal identification and result of damages. It is of significance to exclude ordinary fault from the objective important conditions of identifier's tort responsibility. The principle of judicial identification tort imputation is stricter than that of fault imputation or fault presumption. That is called strict responsibility principle. The limitations of scientific recognition andtechnical level, and the victim's fault and vietim's action of duty are the grounds of apposition of responsibility imputation. The problem of the system, of judicial identification responsibility in our country mainly lies in the oversight in the regulations of crime of perjury, the lack of regulations of civil liability when the fault identification causes loss to interested person, and the non-unification of administrative responsibility in the whole country. In order to establish the system of judicial identification responsibility, we should pay attention to the following principal problems. Firstly, we should not evade responsibilities in excuse of the objectivity of recognition and the relativity of practice. Secondly, we should also not emphasize the objectivity of recognition and the absoluteness of practice excessively as to only impute responsibility. Thirdly, this system should confirm with the system of judicial identification of our country. Finally, it is a premise for responsibility imputation that the identifier takes the legal and contractual obligations. The general thinking to complete the s> stem of judicial identification responsibility of our country is to change from the unilateral emphasis on the right of identification to the emphasis on both the obligation principle of the right of identification and interested person in aspect of legal obligation of identifier, from responsibility of unity to responsibility to natural person in aspect of responsible body, from criminal and administrative responsibility as major to civil responsibility as major inaspect of the content of responsibility, from contractual responsibility and tort responsibility as major to the combination of claim and tort of responsibility as major in aspect of the nature of responsibility, and finally in aspect of the realization of compensation to establish the system of practicing insurance or supplementing each other.