Research On The Initiation Of Criminal Judicial Authentication By Public Security Organs

Public Security Organs enjoy power to initiate criminal justice authentication, has its legal basis and legal basis, but there are still many areas for improvement. Based on the analysis of the public security authorities to start criminal identification based on the identification of criminal justice were to start from the public security organs mode, conditions, procedures three study its pros and cons, and make appropriate recommendations for improvement.Addition to this introduction, the text is divided into four sections, totaling nearly 21,000 words.The first part of the study public security organs enjoyed power to initiate criminal justice based on. Whether public security organs should have power to initiate criminal justice, theorists have different views. Some scholars believe that the right to public security organs should cancel start, unified decision by the court, some scholars believe that should be initiated by the Prosecution identified. However, due to the current litigation system in China is used in litigation model public prosecutor, assembly-line, in the case of judicial review system has not yet formed, and by the court to start the investigation may result in delays, the judge will make it difficult to avoid identification Trust tendentious opinion, will be the only one expert opinion expert opinion, is hardly affected by cross-examination, the science can not be guaranteed. By the Prosecution to start, the public security organ's Procurator investigators can not play the role of supervision, and there is not much need. From legislation and legal interpretation of the provisions, the power to initiate criminal justice public security organs have expressly provided. Public Security Organs task is to identify the facts of the crime, as the investigative techniques of identification should be owned by the public security organs investigation body. Expert opinion is one of the legal evidence, as the facts of the case bears the legal responsibility to identify public security organs should have the authority to collect evidence, and will have to start the criminal justice authority identified. Identification of the public security organs start to enjoy the right to be able to quickly start their professional issues need to be resolved, thereby improving work efficiency. Even the inquisitorial model of Germany, also provides in certain circumstances, the police have the right to start criminal Forensic Sciences.The second part of the study public security organs start to identify patterns of criminal justice. From the provisions of the current law, the legislation provides only for the public security organs to start ex officio. Although in practice, it is often the case the public security organs will be based on the client application and start the identification of criminal justice, which did not guarantee legislation. Public security organs ex officio start mode allows identification of the parties involved in too little, both parties claimed the imbalance, because the party refuses to accept the expert opinion and apply for re-identification of unnecessary or supplementary identification. The biggest drawbacks is that the public security organs equipped with identification of bodies, resulting from Kam Itself issues, making expert neutrality has been questioned, resulting in doubts about its expert opinion. We can eliminate these drawbacks by the following improvements:(1) gives the parties a certain forensic start right to increase the participation of the parties identified; (2) give the party the public security organs start to supervise the identification of criminal justice; (3) Cancel internal public security accreditation bodies, reservations inquest, full-time staff checking, responsible for simple identification of preliminary work to identify the community entrusted to complete the identification of bodies.The third part of the study to identify the public security organs of criminal justice start conditions. Current legislation does not provide for this, resulting in the public security organs start to identify the specific conditions of the situation no. In practice, the public security organs tend to start identifying too. Although it is possible to avoid the loss of the opportunity to identify the loss and identification of samples, but also caused a waste of energy to spend on the appraiser and huge resources. Legislation should start public security organs in criminal justice from the identification of the conditions to be specified provisions of principle and operational provisions in two ways. The former includes relevance, necessity, timeliness, real possibility. The latter provision is to be identified according to the different types. In addition, for re-identification, the parties to raise an objection that is able to start the re-identification of public security organs, without explanation. This is not conducive to the elimination of the parties targeted doubts. Legislation in perfect re-identification system, it should be specified when the parties apply for a re-appraisal, it should explain the reasons. If the original identification of the existence of a procedural error, after verified, should immediately start re-identification; if for the expert opinion disagrees with the conclusion, upon examination, that there may exist expert opinion conclusions wrong, you can start re-identification, but the re-identification number It should be restricted.The forth part study the Public Security Organs start to identify the criminal justice process. The current provisions regarding the public security organs to start the identification procedure of the criminal justice scattered in the "Criminal Procedure Code" and "public security organs for criminal cases procedural requirements", and the operability is not strong. In theory, the start of the program included the identification drew identified, decisions, commission, supplementary identification, re-identification and so on. In practice, the public security organs according to the characteristics of their own work, to start the identification of decision makers responsible for public security organs above the county level by the law investigators to the various department heads. Chongqing Municipal Public Security Bureau to enable a wide range of "Chongqing Municipal Public Security Bureau of Criminal Technology Integrated Management System" in making the internal public security organs to start the criminal justice process more standardized appraisal. But the parties have no right to appoint accreditation bodies and experts. On initiate judicial appraisal procedure, the parties involved in too low and the public security organs lack of appropriate constraints are current major drawbacks. Legislation should restrict the right to public security organs start to identify from the program. In particular, given the parties in the investigation stage start identifying the criminal justice program to add party application to start the identification process, the initial decision to start the identification by the identification of the person in charge of the public security organs handling departments, requalification and replenish identified in the initial decision still retained by the person in charge of the public security organs above the county level, the parties to identify elective institutions and experts have their say.