Research On The Use Of DNA Testing In Criminal Proceedings Of Evidence

DNA identification technology, also known as forensic forensic DNA typing, are produced in the 1980 s, a new type of technology, it was found in the suspect’s identification and to determine the identity of unidentified bodies, correct criminal wrong cases are irreplaceable important effect. In reality, DNA expert opinion produced depends on the experimental operation forensic, any person involved in the operation, there will be some loopholes and blind spots, such as: contamination of samples, laboratory contamination, forensic itself operating errors, etc., these will resulting in inaccurate and even expert conclusion very different from the real situation. In addition, the identification of DNA evidence in criminal court misinterpreted also a devastating blow. DNA testing of evidence from paper concepts and characteristics of paper points out DNA evidence to identify errors and erroneous interpretation of limitations court two aspects of DNA identification evidence,through the analysis of foreign experience for reference, by improving the Expert Testimony System and Construction Expert Assistant System two proposals, and improve the judicial certification rules in the evidence discovery system as the representative to ensure that the Forensic DNA evidence can play its due role in ensuring the realization of justice.Papers except introduction and conclusion, is divided into four parts.The first part is an overview of DNA identification. First, the concept of DNA identification were defined by domestic scholars view were analyzed, the authors put forward the concept of DNA identification for the view, and analyze the characteristics of identification evidence DNA. Secondly, the DNA identification value. DNA testing indicated the value in ensuring justice and improve judicial efficiency in two ways.The second part is the dilemma faced by DNA testing of evidence. DNA identification evidence dilemma facing three First, DNA expert opinion itself wrong,achieved largely by the specimen and the preservation of the omissions, law to humanfactors errors and error statistics and data analysis methods caused; the second is the court identification of DNA evidence interpretation errors, this section describes the misunderstanding prosecutor’s fallacy and expectations brought class and three propositional theories are analyzed; the third is the limitations of DNA testing of evidence brought home category.The third part is the status of DNA testing of evidence in criminal proceedings utilization. This section discusses from three aspects: First, the analysis of the status of the use of DNA identification evidence extraterritorial criminal proceedings,including the status of the use of the United States, Germany, two national DNA identification evidence. Second, the status quo is in our DNA testing of evidence in criminal proceedings in use, including the use of DNA identification evidence of the status quo in terms of criminal prosecution and the defense of the status quo use of DNA evidence to identify aspects of the cross-examination, and DNA testing of evidence in regard to correct the wrong case Handling of the status quo in three areas;the third part is the use of DNA Forensic evidence extraterritorial inspiration to China.The fourth part is the DNA testing of evidence in criminal proceedings, the use of regulation, respectively, to improve and standardize management and legal norms of DNA identification to make recommendations. From the experimental level of regulation of DNA identification evidence, including forensic laboratory standardized management and standard management. DNA identification test specification management can help improve the accuracy of DNA testing and scientific advice to help play an important role in criminal proceedings. For improving legal norms proposed expert advisor system, improve the way of Expert Testimony System in proof rules, proposed the establishment of specialized DNA testing of evidence disclosure rules, the defense cross-examination of DNA identification evidence rules,and the establishment of identification of DNA evidence exclusionary rule, and finally from the United States of "innocent project", proposes the establishment of post-conviction DNA testing system.