On The Litigation Of The Criminal Identification Program For Our Country

Criminal identification is the important method ascertaining the true situation that is very important to criminal demonstration.In criminal identification,the scientificity.fairness and rationality of identification procedure is not only the premise of ensuring the expert opinions correct,but also relate to the achievments of the justice for proceedings. However,In judicial pactice,the prior criminal identification procedures regulations is not much and not easy to operat. Imperfect of the legislation led to the "production" link of the expert opinions become a closed process.Investigatibe and prosectibe organization commad all things about case whether and who to identified.the parites have no right to know and participate.The closure identification is not only contrary to the concept of the procedural justice,but also makes the public doubt the fairness of the expert opinion and do not trust the judgment,damaging the authority of the judicial. Therefore, Reformming and perfecting the criminal identification of PRC is imperative.2012 years "Criminal Procedure Code" modifies "expert conclusion" to expert opinion " clearly and scientificly defined the expert opinions.Providing the legislative basis for the part attend to the process.And also for the authority to identify problems reconfiguration provides the basis. In addition, with the deepening of judicial reform, "litigation" concept has been widely accepted in the community, more and more people expect to "action-oriented" approach to resolve disputes, such as the build up of judicial practice not to prosecute hearings, pre-trial before the appeals hearings is an example. "Litigation" that is a "tripartite structure",the parties can be involved, publicity is very important characters.Through public mechanisms to protect the legitimate interests of the parties, to prevent arbitrary, so that the parties to see the realization of justice. Thus, the identification of criminal Litigation procedures into orbit, can give play to the process value aim, and protect the rights of the parties.On the Litigation reform of the criminal Identification procedure, aims to get rid of the drawbacks of the criminal identification to guarantee criminal identifications development of the work smoothly, to achieve justice proceedings. Constructed as follows in details:First, Starting the program.The parties who can participate and supervise have intialviews right and the choice.Under the premise of the retention at the decision power of Detective agencies identified, specificating start procedure and giving the people's court of final decision-making authority. Second, the implementation phase of criminal identification. Perfect sampling rules and identifying implementation specifications, giving investigators, prosecutors presence rights, the right to the presence of the parties, as well as the right to challenge the rights of identified secondary hire people. Setting an obligatory identification and preside by a judge clearly. Perfecting preparation system.