Study On The Problem Of Investigation Organs' Internal Appraisal Institution

In investigating activities, technology has always been the basic means of its whole process. Forensic Sciences started in the 1950's as an important investigative techniques, playing a positive role for the detection of activities to promote the fight against crime, maintain social fairness and justice. In 2005,the Decision on the administration of judicial authentication has passed by the NPC Standing Committee. In the law, investigative organs have voted to meet the need for a appraisal institution for providing a legal guarantee. From the angle of rationality, the Investigation Organs in authentication institution have the advantages of nation full financial support and policy orientation protection, and make contribution to smooth development of Criminal proceedings, judicial expertise and with investigative professional identification's resources Moreover, the investigation Organs identifying criminal as its main object build Judicial expertise of the public security organ and the results of judicial expertise make a very important role in identifying the degree of criminal.However, even though the investigation organs in the appraisal institutions have the dual attributes of legitimacy and rationality, and build on the basic of the policy support, technical support and social trust, its deviation of expert opinions will influence the results of trial, which may lead to damaging innocent citizens' legal interest and the judicial fairness, and causing the bad social impact. Therefore, it is pregnant and meaningful to discuss how to position investigation organ in the appraisal institutions, how to balance the double duties of the criminal technology and judicial authentication, and how to strengthen the management for development.This article through the literature research and empirical analysis, referring to the foreign related theories and organization development present situation, try to sort out what has the basic characteristics of appraisal institutions, the existing problems, and improve its development path. This article will be discussed in five parts.Firstly, research on the theories is done including investigation organ with an overview of the appraisal institutions, generalization of the related concepts and basic characteristics.Secondly, the positive values and the deficiencies of the Chinese appraisal institutions have been studied. Under the existing system, through the case analysis, and research of the whole system, this part try to find out investigation organ internal appraisal institutions' problems in legislation, management, procedure and supervision.In the third part, other countries' appraisal institutions have been introduced. This part mainly introduces the development of identification institution of typical Anglo-American law system and continental law system countries(Britain, the United States, Germany, France, the Netherlands), studies the operation status quo, explores the common trend of its development, in order to take its essence, and finding a feasible path for improving the investigation organ in the appraisal institutions.In fourth part, optimizing the investigation organ in appraisal institutions in China is thought. Some Suggestions have been put forward in legislation, administration, procedure and supervision, building investigation organ internal appraisal institutions and investigative subject relatively independent mechanism. The personnel quality of the judicial appraiser team is suggested to be improved from the four aspects of management, system construction, incentive mechanism. Lastly, strengthening the supervision of the investigation organ in the authentication institutions is suggested.The fifth part, as the conclusion of the article, is full of hope in the virtuous development of the investigation organ in the appraisal institutions in China.