Research On Trace Identification Opinions And Trial Authentication Problems

In modern law and identification science,that the relationship between law and expert opinion from the contradictory question to running in cross-examination to promote each other,both in the process of the change has been difficult to trace in detail SuoYuan.However the logic of relations between the two in the present standard still vague and difficult to clearly define,its mainly embodied in the process of the trial judge authentication ability insufficiency,the appraisal object probative insufficiency,the defect of trial procedure,trial such outstanding problems as certification responsibility.In the case of trace identification,it is the ultimate embodiment of the fact that the law is the criterion of law.However,China's current trial certification about trace identification study of the theory and practice of less obviously,so this article choose to analysis the appeared problems and puts forward corresponding Suggestions.This article is divided into four parts.The first chapter is the basic theory of trace identification.Discusses the trace theoretical basis for the identification of opinion,first,emphasis on draw trace expert opinion should have procedural legitimacy,secondly discusses the trace expert opinion as trial evidence of acceptability criteria of objective evidence.This paper provides a theoretical basis for the study of the combination of trace identification and trial certification.The second chapter is an overview of the certification of the appraisal.This part firstly traces of expert opinion as objective evidence in the trial certification functions are analyzed,at the same time discusses the close combination between related theory basis.Finally,the paper analyzes the existing problems in the process of the trial certification from the legislative Angle of relevant laws and regulations and the practice of judicial trial.The third chapter analysis of the qualitative evidence in the trial procedure for trace identification.First,the judge's ability to authenticate the identification of the evidence is inadequate,including: the judge has no knowledge of the evidence.The judge's ability in the trial process is insufficient;The overall theoretical knowledge of the judge's opinion is insufficient.Secondly traces of expert opinion objective problems of its own defect was analyzed,and also to trace identification trial certification combination of procedural deficiencies in the analysis.Finally,the author puts forward some theoretical Suggestions for the identification of the authentication liability.The fourth chapter is an analysis of the certification criteria for the identification of the evidence.Only from the concept of standardized certification can the judicial appraisal and legal work of science be unified in criminal litigation.Therefore,in this paper,the author puts forward some objective standard Suggestions in the course of the trial certification process.The recommendation of the certification standard,the recommendation of the certification and the recommendation of the certification and the technical procedure specification.Thischapter is not only the answer to the question raised in this article but also the innovation point of this article.