| Identification opinion is one of the litigation evidence types in criminal procedure, which is aimed at solving the specific questions involved in litigation and helping identify and determine the facts of the case. However, there are many questions in the criminal identification system in our country.For example,the concept of the criminal identification opinion is undefined and the nature of the criminal identification opinion is unclear,the start-up procedure of the identification is unreasonable,the condition of the appraiser who appears in court to accept cross-examination is too strict,the expert assistant system is not perfect,the standard to adopt the appraiser opinion is not clear,discretional evaluation of evidence is too generic,and so on. Based on the study of the criminal identification opinion’s connotation and attribute, the article respectively analyzes the starting procedure,cross-examination procedure,authentication procedure of the criminal identification, aiming to solve the questions in criminal identification rules, and promote the perfection of criminal identification system in our country.The first part mainly puts forward the thesis of this article. On the basis of analyzing the essential attribute and legal value of identification,this part analyzes the basic concepts of identification opinion, and the questions involved in the identification opinion’s starting,cross-examination and authentication.The second part starts around the identification opinion’s starting. Since there are different comprehensions of the starting right’s nature,there are two kinds of start-up modes, which are party start-up mode and the authority principle start-up mode. Through the analysis on the two kinds of start-up modes, we learn its reasonable parts in order to perfect our identification opinion’s starting start-up mode.The third part focuses on the question of the identification opinion’s cross-examination. Only if the identification opinion is in strict proof under the court investigation can it have the evidence ability. Meanwhile, combined with our existing laws, this part discusses the basic question of identification opinion evidence’s cross-examination such as the appraiser witness system,the cross-examination system and the expert assistant system.The fourth part involves the identification opinion’s authentication. If the identification opinion wants to be taken as the basis for final decision, it requires not only the evidence ability but also the probative force. The judge makes a judgment of the probative force mainly based on the virtue of discretional evaluation of evidence. However the discretional evaluation of evidence is restricted. In addition, the reasons which have been accepted by the judge for identification opinion need to be made public so as to accept the supervision of the public.The fifth part is the conclusion which summarizes questions of the identification opinion and proposed my own views. |
