Criminal Evidence Identification Conclusions Of The Scientific Research

criminal evidence expert conclusions, On the one hand, offering the new vitality of the traditional criminal evidence means, on the other hand, bringing severe challenges to criminal proceedings. It seems incredible that, the characteristic of expansion effect about the criminal evidence in criminal proceeding's conclusions, has became the most speculative elements. In China's judicial practice, the conclusions which in the courts seems lack of a reasonable and accurate challenges and questioned. However, with the deepening of China's reform about criminal litigation and the enhancement on confrontational quality of mode, it is hard to the fact referee to make a choice , what is a really scientific conclusions?How to make any standards to judge its scientific? likewise, there is also a to-be solved problems on how to improve the conclusions of criminal evidence identification's reliability.This article takes the process of generating and certification of the criminal real evidence identification conclusion as "ordinate", and takes the intrinsic value and external value of the evidence in criminal real evidence identification as "abscissa". From the concept of criminal evidence, conclusions and science and the relationship between the three, to discuss criminal evidence expert conclusions of the scientific connotation, and the corresponding extension request; and also from China's "conclusions worship" to reflect on this phenomenon and conclusions have problems in the certification process; makes evidence of criminal identification conclusions of the intrinsic value, the external value and the value of foundation clear, and based on that evidence to improve China's Criminal Identification conclusions of the scientific concept of theory. This paper is divided into three parts, about 30,000 characters.To discuss the identification of the criminal evidence of scientific conclusions, we must have clarity of the scope and direction of the problem. In this paper, the first part, first of all, focus on clarity of criminal evidence, conclusions of science and scientific nature of this concept and the relationship between the three - man to science and technology as the foundation, through judicial identification activities to constantly raise the level of awareness of criminal evidence revealed the evidential value of the new evidence. Secondly, from the scientific nature of the two dimensions of the connotation and extension to start, its connotations of the scientific conclusions as a basis for identification of the scientific knowledge of proof for the applicability of scientific knowledge is, validity and reliability of the identification, the extension of the scientific conclusions is a legal Validation of knowledge, that is, as a form of identification evidence conclusions of the relevance and effectiveness of requiring identification conclusions on the evidence of the law of evidence and proof of the capacity.Theory must be instructive to legal practice. Thus, this paper from the second part of the criminal evidence expert conclusions in China's judicial practice of the specific issues and talk about the phenomenon - a DNA expert conclusions represented by the identification of criminal evidence and conclusions of the excessive reliance on the blind worship. There are many problems hiding behind the criminal evidence expert conclusions from generation to the entire process: First, the conclusions of the criminal evidence identification of the evidence, including the formation of the collection, custody and the identification of the physical evidence. the most outstanding problem is that the evidence of criminal custody. For example, the laws and regulations on the custody of evidence of the lack of a unified operational standards; the imperfections of the system evidence of criminal supervision or custody; improper custody of evidence; a lack of the duty of care accountability of custody system of Criminal evidence. There are also many problems existing in the process of the evidence identification. For example, the application, commissioned by the process of identification of our country's judicial system is activated identification of significant deficiencies; Identification of the issues, including accreditation body set up relatively cluttered, the lack of identification of specific operational agencies accreditation standards, an accreditation body irregularities admissibility operations; Identification of the lack of expertise or qualification certification system, as well as the scientific identification of the protection of the rights and responsibilities of the accountability system imperfect; In the identification of operating norms and practices, the identification of the basic study of the science is far behind, and the lack of identification of scientific and technical knowledge based industries, also the lack of a standardized technical operating standards; the format, content lack of unified standards and requirements, conclusions of the reasoning process and not dwell, conclusions term lack of a unified standard.Secondly, there are also problems in the certification process of the identification of physical evidence in criminal conclusions. For example, there are three main aspects of problems in the process of the burden of proof and the process of Testimony: Lack of conclusions discovery system, the problems of identification of the issues and the parties unable to appear to testimony. Identification of the conclusions of the certification issue is mainly manifested in the following aspects: the lack of response to the conclusions of the scientific evidence on behalf of the adoption and believe the rules; free evaluation of the evidence unable to confront conclusions. In judicial practice, the problems in the process of generation and identification will affect the complementary identification and re-verification, make them often evolve into multiple identification and duplication of identification, and seriously damaged the efficiency and impartiality of the judiciary .Some problems of the scientific conclusions of the identification on criminal evidence in judicial practice, co-operated with the advanced experience of foreign countries and practices. The third part of this article targeted and focused on improving China's criminal evidence identification's theoretical conclusions conception.First, from the angle of the conclusions of the criminal evidence ,and to the identification based on it, the truth value ,the inner -related value, and the external value. On this basis, there is a concept about the standars of China's criminal evidence expert conclusions on the scientific review .Of course, the only scientific review of standards is far from enough. We must, and only have to through the procedures control to achieve the purposes of eliminating the counterfeit and keeping the truth. This procedural control involves a lot of aspects, the authors have conducted a focus of some original and macro conception. In the production of the identification on the judicial control process, there is a explains about the standardization and information control on identification of criminal evidence . And on the process of certification, the control process of reviewing litigation, there is a explains on conclusions of the identification , and the conduction of the reasoning and discovery process. Even more, as well as the introduction of technical advisory system.Through the discussion in this paper, the author believes that the scientific nature of the conclusions of criminal evidence identification takes discovering the "real" as value basis, not only to chase the " good as a goal"-- to assist the judge to understand the evidence, find the facts of the case and then resolve the dispute, the end of the proceedings by the reliability and validity of identify science's knowledge and technology; but also to chase the "good as a method"--In the identification of the conclusions of a certification process it must be reflected in the respect of the scientific rational and identification of the legitimacy of the value of their own conclusions. This is inherent compatible criminal evidence and conclusions of the scientific connotation (proof of scientific knowledge) and extension (on the legal recognition of scientific knowledge). The proof of scientific knowledge and identification conclusions' instrument value have the same value, Legal recognition of the expert conclusions that it is not so much of its confirmation of the conclusions but rather its own intrinsic value of goal orientation confirmation. Therefore, the scientific positioning of conclusions of criminal evidence identification should not be a scientific solution to the dispute or the unlimited understanding of the objective world, while should be take the " discovery of truth" as platform, to use the scientific knowledge to assist the judge to understand the evidence, find the facts of the case and then resolve the dispute, the end of the proceedings, and respect the scientific rational and incarnate the legitimacy and justness value of the procedure.