Research On The Re-identifications In Criminal Procedure

As an important way to correct possible errors of identification,and to ensure the authenticity of the assessment,operation of re-identification is playing a booster role in protecting thecriminal judicial justice.However,the identification system is not perfect,the principle of criminal procedure appraisal legislation and the defects of the certification system lead to the high rates and numbers of re-identification,so in the reappraisal of criminal procedure in our country,the problem of divergent views exists for a long time and applications can not be guaranteed.The existence of these problems will not only be a great waste of the judicial resources,but also leads to the long delay of a case,even destroys the healthy development of social trust.Therefore,it is very important to perfect the system of criminal procedure reappraisal.This paper explores the problems in the reappraisal of criminal litigation by analyzing the typical cases in practice,analyzes the causes of the problems,and then puts forward some ideas on the reappraisal of criminal litigation.In addition to the introduction and conclusion,the text is divided into four parts.The first part analyzes the characteristics of criminal forensic appraisal and analysis of criminal procedure reevaluation and analyzes the interaction and division of forensic and criminal technology by starting with analyzing the basic theory.In addition,it also analyzes the legislative situation of criminal procedure re-identification,and makes a comparison among the re-identification,the supplementary identification and the repeated identification.In the second part,firstly I analyzes the characteristics of criminal procedure reappraisal practice.Secondly,I summarized the problems of re-identifications came to the conclusion of my points by analyzing eight typical cases.In the third part,on the basis of summarizing the problem,this part mainly discusses the causes of the re-identification of the criminal procedure,including the specificity of the criminal identification,the imperfection of criminal procedure system,the construction of the criminal appraisal system and the operation of re-identification.The reasons of the criminal procedure system are related to the unequal allocation of the right of initiating the configuration,the imperfect procedure of the criminal appraisal opinions,the lack of the criminal review system,the unclear identification of the conditions for the re-identification.The reasons of the criminal identification and certification system are related to the unreasonable verification programs and imperfect system of appraiser appearing in the Court.The reasons of implementation relates to the level of identification,experience differences,the various qualifications of identification agencies and the difficulty of the identification itself.In the fourth part,firstly I analyzes the optimization of identification system in new General Rules of Forensic Process.Then I proposed a perfect idea of reform of the criminal appraisal institution of public security organs,the perfection of the criminal procedure system,the improvement of the criminal appraisal system and promotion of “ YangGuang Identification” basing on the analysis of the causes of the re-identification of criminal proceedings in China,and I also referred to the advanced practice of re-identification of foreign criminal proceedings.The perfection of the criminal procedure system related to the appraisal includes perfecting the system of criminal identification initiation,perfecting the provisions of the procedure of informing the criminal appraisal,establishing the system of criminal review and establishing four aspects of the system of restricting the conditions and numbers of re-qualification.The perfection of the system of criminal appraisal opinions includes the construction of the system of criminal appraisal and the system of appraiser appearing in the Court.