Research On The Judicial Authentication Mechanism Of Public Security Organs In China

China's public security organs judicial expertise has a long history, after years of development, both in theory and practice, and gradually formed a set of relatively complete system. Public security judicial authentication institutions strong technical strength, complete functions, covering almost the existing subjects of judicial identification. With the progress of science and technology, many past unknown human cognition, new technology is more and more applied to the field of judicial identification, some serious criminal investigations and convictions also rely on the support of the public security judicial identification technology to a large extent. However, with the improvement of the level of science and technology progress, social democracy and legal system, in recent years found that part of the miscarriages of justice was confirmed with the public security organs in the work of the relevant judicial oversight, judicial appraisal system of the public security organs if there is a problem affecting the fairness and justice of the attention, how to make the application of criminal scientific technology of public security organs in the norms of the legal system, to play a reduction of the facts of cases, the maintenance of legal fairness and justice, is the main problem discussed in this paper.This article mainly divides into five parts to carry on the research to the public security organ judicial authentication mechanism.he first part expounds the connotation of the judicial identification mechanism of public security includes including the judicial authentication institutions of public security organs, public security organs of public security judicial appraiser, the existing system of judicial appraisal, expert opinion issued by the provisions of relevant laws and regulations of public security and judicial authentication institutions as the use of evidence in court, the way they operate and contact. The purpose of the study is to improve the various parts of the connotation of the public security judicial authentication mechanism, so that the identification of the use of evidence in the public security judicial authentication mechanism is more persuasive. And from the two aspects of the theory of evidence law and the theory of system construction, the paper analyzes the judicial authentication mechanism of the public security organs in China. First of all, the theory of evidence law in evidence and the evidence ability is the core theory, discusses the legal status and the significance of our institutions of public security and judicial identification issued by the expert opinion, and that the proof of some expert opinion made the judicial authentication institutions of public security's ability to doubt, lead to public security and judicial identification mechanism is controversial; secondly, public security our judicial system theory, is a variety of scholars put forward from the aspects of system construction to solve the expert opinion proof scheme questionable ability.The second part from the legislative status and work status of the two aspects of the status quo of China's public security judicial authentication mechanism. First of all, the legislative aspect mainly elaborated on the public security and judicial identification regulations determine the criminal procedure law, criminal procedure law and interpretation of the NPC Standing Committee on the management of judicial authentication and related laws and regulations; secondly, the work describes the status of the judicial appraisal institution of China's public security organs in the administrative organs and daily work.The third part through the analysis of theory and practice, found the advantages of mechanism of China's public security and judicial identification with, and pointed out that the expert opinion issued by the judicial authentication institutions of public security reasons that the questionable ability is mainly the identification start right inequality, ad hoc, identification and identification of agency personnel qualifications identification ability appraisal personnel shortage and appraiser the rate of daily work personnel identification and appraisal institutions in low interference, self learning, self investigation ills lack of legislation such as public security mechanism in judicial identification.The fourth part is the comparative study of the police judicial identification mechanism for all countries and regions in the world, by comparing the similarities and differences between civil law countries and common law countries the police judicial identification mechanism, summarizes the public security and judicial identification mechanism of our country in the legislation, system construction, organization setting, personnel management and other aspects of experience.The fifth part puts forward the solution to the problem of our country's public security judicial authentication mechanism. The system construction should be established, separation of investigation and identification mechanism of the long-term development of public security and judicial identification discipline; personnel management should be included in the national unified security expert evaluation system, establish a reasonable appraisal incentive mechanism; should give the defendant has the power to initiate judicial appraisal, perfecting the expert assistant system, the establishment of expert opinion evaluation committee in legislation.