| In recent years,the Supreme People’s Court requires that,besides the fact that it is not suitable for publication on the Internet,China Judgements Online has made a comprehensive and timely announcement of the decisions of the courts at all levels.At the same time,many information search platforms such as CNKI,pkulaw and Lawyee have launched the inquiry service of adjudicative documents,making the controversial handwriting identification opinions intuitively show in the trial procedure.Handwriting identification is based on handwriting characteristics written by human habitual movements,as the change of handwriting identification objects is relatively complicated,appraisers have certain experience components when observing,analyzing,comparing and defining features,so that the evaluation of the reliability and admissibility of handwriting identification opinions is mixed.With the help of China Judgements Online,this paper analyzes the concrete adoption conditions of handwriting appraisal opinions in the published adjudicative documents,summarizes the current situation,existing problems and causes of the handwriting appraisal opinions,and finds out the relatively reasonable adoption mechanism of handwriting appraisal opinions.This article mainly covers three parts.The first part is an overview of the research samples.The selection of the research object,the determination of the method and the quantity of the sample are clarified in detail.Based on the careful reading of 374 valid judgment documents,this part conclude and count the acceptance rate,the reasons for the acceptance and non-acceptance of handwriting identification opinions issued by the Forensic Science Center of Southwest University of Political Science and Law from 2014 to 2016,and analyzed and explained the court area,the nature and cause of the case,the trial procedure involved,the start-up subject of the handwriting identification and the consigned matters,the special circumstances involved in the identification,and the description of the identification contents of the court judgments related to the handwriting identification opinions.Finally,the results of the analysis are proved by the two typical cases and lays the foundation for the next step.The second part analyzes the problems and reasons of the status of the adoption of the handwriting appraisal opinion,which is found by the empirical research.One is to describe the problems and reasons in the field of handwriting identification.On the one hand,thescientific nature of the handwriting appraisal opinion has been misunderstood and questioned in different degrees,and there are also some shortcomings that can not be solved by itself.For example,handwriting identification is lack of convincing statistical analysis basis for the proof of personal writing habits,and handwriting examination lacks mandatory,unified and specific technical specifications and standards and so on.On the other hand,handwriting identification has some problems in the practical operation,as the appraisal materials are not strictly examined.The second is to explain the problems and causes of the handwriting identification opinions in the judicial identification stage.They are concretely reflected in three aspects: start-up,cross-examination and authentication of the handwriting identification opinions,such as different case handling subjects are not smooth in a same identification matter and requirement,handwriting identification started many times,one party arbitrarily commissioned appraisal,the quality of cross-examination is not good,the interpretation of the handwriting identification opinion credibility during the authentication process lacks of attention.The third part mainly constructs a reasonable adoption mechanism of the handwriting identification opinions.It discusses how to realize the reliability and acceptability of the handwriting appraisal opinion in the trial from the foundation and core perspectives of mechanism construction.In terms of the reliability,it is necessary to strengthen the discussion and research on the handwriting identification statistical analysis,establish a mandatory,uniform and specific handwriting identification specification and standard,and ensure the justice of the handwriting identification operation procedures at the level of acceptance,appraisal and submission of opinions.To achieve the acceptability of handwriting identification opinions,firstly,it requires proper cooperation with the case handling organ;Second,it is necessary to promote effective cross-examination in the courtroom;and thirdly,to complete the thorough trial certification of handwriting identification opinions.In addition,there is a need to establish and support the mechanisms for the transfer of handwriting identification opinions and the mechanisms for the training and introduction of forensic identification experts,so as to ensure the smooth construction of a reasonable adoption mechanism for handwriting identification opinions. |
