On The Review And Indentification Of DNA Evidence In The Criminal Procedure

The characteristics of DNA genetic information of individual human beings are uniqueness, stability, those features make DNA evidence has incomparable advantages with other evidences in the identification,even known as "a new generation of king of evidence".But in the judicial practice, the judge basically tend to trust the probative force of DNA evidence,and don’t review it.Due to the inaccurate DNA evidence is accepted,there are some wrong cases have also occurred.From that,on the one hand,we are emphasizing the unique features;on the other hand,the judge has not been paid enough attention to the DNA evidence of its own mistakes,and has not been given due attention to the risk of misinterpret it.Because of those reasons,which may made the process of review and identification of DNA evidence in the trial practice as air.therefore,this article will be from the two perspectives of theory and practice,and systematic research in the process of review and identification,through this artic we will find that what problems should be paid attention to and where we go.At the same time,this artic will be based on the specific problems in the current practice,and proposed the rensonable and effctive suggstion.The whole article includes four parts except the preface,which about forty thousand words.The first part is about the summary of DNA evidence examination and identification. DNA evidence is a scientific evidence,it refers to the physical evidence as the basic carrier, using professional knowledge by professionals, by virtue of high technology in the interpretation of DNA genetic marker, and depending on its classification results to prove the facts of the case.With the the features of human DNA genetic information with polymorphism.depengding on the DNA evidence,we can find who is the ture criminal suspect. Based on strong identification ability, DNA evidence not only for the investigation, detection, decision of great significance, also has an important effect on the verdict. However, due to the limitation of human negligence and DNA evidence itself, the risk of DNA evidence should not be ignored. Therefore, as the subject of examination and verification of DNA evidence, the judge should strictly follow the "two step certification model",which means we will be review the evidence ability first,then review the probative value.The second part is about how the judge should examination and verification the of evidence ability of DNA evidence. First of all, at the macro level, when the judge in the examination and verification of evidence ability of DNA evidence,he should use the reasonable factor of " daubert standard" for reference and judge, whether we should adopt the DNA evidence. Secondly, in the micro level,reviewing the ability of DNA evidence, shall review the concrete from three aspects of relevance, legitimacy, scientific. In a review of whether they have the relevance, should focus on the review of whether it has relevance; when the judge review the availability of legitimacy, he should focus on the review if its subject, the way of evidence(method), the identification process, the transfer process is legitimate, if evidence of a chain of custody is complete, the relevant information of materials identification is complete. In a review of whether they have the scientific nature, should be the focus of the review if the scientific method, with the principle, technology and standard is appropriate.The third part is about how the judge should examination and verification of probative force of DNA evidence. First of all, the judge in the examination and verification of proof ability of DNA evidence, should take the relevant standards as the main standard,through the association of DNA evidence with the facts of the case,to indentify the probative force of DNA evidence. Secondly, the judge in the examination and verification of proof ability of DNA evidence, shall be based on the principle of free evaluation of evidence is the basic principles, for the formation of inner conviction in the process, also should abide by the judge occupation morality and experience of related rules and ethical rules, relying on the conscience, moral reason, to make a reasonable judgment. Finally,when relying on DNA evidence to convict, we should understand the DNA evidence belongs to the indirect evidence, its power of finite,which should not be the only evidence of conviction.At the same time, also should apply DNA evidence to prove force reduction rules in some special situations, in order to reduce the subjective dependence on DNA evidence.The fourth part is the empirical study. According to the frequencies of DNA evidence in some cases,the type of cases are divided into several categories.To the specifid data as demonstration, pointed out that the current our country judge in the process of examination and verification of DNA evidence has existedn some problems:in over reliance on DNA evidence, to judge the DNA evidence too free, only pay attention to the review of the test conclusion of DNA evidence and so on. Based on the detailed analysis of these problems, further puts forward the judge should set up the scientific and rational view of DNA evidence,through the establishment of expert assessor system,to promote the essence of the DNA evidence cross-examination,and in order to strengthen the judge substantive examination of DNA evidence.It hope that the DNA evidence can plays the biggest role to find out the facts of the case.