The Application Of Plants For Evidence In Criminal Cases In China

Now the research and application of botany have made great breakthrough in the world.Especially in the field of criminal investigation,the research and application of botany plays a vital role in obtaining evidence of crime.According to refer to Chinese and foreign literature,this paper introduces the basic theoretical knowledge of plant evidence,evidence is defined to the plant,plant evidence refers to the use of the biological characteristics of plants to illustrate the physical evidence of the case fact,in addition to the plant also includes some traditional by botanists research of plant groups.Then,through the biological characteristics of plants themselves,the characteristics of time sequence,regionality,adhesiveness,concealment and propagation of plants in the environment are summarized.Finally,the evidence features of plant evidence are analyzed from the objective,relevance and legality criteria of physical evidence.This article mainly from the Angle of the evidence and investigation to explore the evidence of criminal case investigation and the effect of combination of plant species identification principle,habitat analysis principle and the principle of individual recognition,analysis plant evidence in criminal cases the application of theory of value.Plant evidence can provide clues and directions for the investigation,provide evidence for the prosecution and trial of certain types of cases,and verify the authenticity of other evidence.Evidence in criminal cases investigation,plants can assist someone or something had appeared in the scene,to determine a time of crime,the judge crime locations,import and export,tracks tracking,judge the time of death,the original plant of drugs under and tracking of origin;In the case of prosecution,the plant evidence can provide evidence for homicide cases,drug cases,forestry cases,counterfeiting cases and food safety cases,and judge the nature of events.Plant evidence,as an objective evidence,can also judge the authenticity of other evidence.But the present situation of the application of plant evidence in our country is not optimistic,restricted by consciousness,technology and system,plant evidence incriminal cases the application of a variety of problems,often hard to find,for example,are easy to be polluted and loss after extraction,analysis the difficulty is too great,there is no related database,to analyze and solve all these problems.Abroad,with the increase of the number of criminal cases involving plant identification evidence,forensic botany gradually development and promotion,plants in Europe and the United States and other countries and regions of evidence of criminal detection has been applied in quite broad,and some countries have established a standardized plant site acquisition operation process of evidence,scientific research also has carried on the exploration in many aspects.The author aims to introduce the basic framework of the basic knowledge of plant evidence and comprehensively introduce the research results of plant evidence at home and abroad.To clarify its significance in criminal investigation and trial stage,especially in criminal investigation;To understand the present situation of plant evidence in domestic and foreign criminal cases and analyze the difficulties and causes of plant evidence in the application of criminal cases in China;Finally,in view of the problems found,from three aspects: awareness,technology,system put forward relevant Suggestions,to perfect our plant evidence in criminal cases investigation and theoretical knowledge,and provide theoretical guidance for the development and application of plant evidence.From the conscious level,we should improve the plant recognition of the importance of evidence,strengthen the consciousness of evidence investigators plants and training and the introduction of professional talents,strengthen the contact areas of botany expert,attaches great importance to the forensic botany talent training.From a technical level,we need to clear in practice for the evidence of method,and improve the plant evidence of inspection methods,the ideal is to build regional plant database,implement nationwide resource sharing.From system level,the author thinks that should draw lessons from the experience of other subjects,to establish and improve the specification of the system of foreign study,the evidence standard plant extraction method,recording,storage,transportation,establish and improve the mechanism of the plant personnel qualification evidence identification,establish plant evidenceidentification of supervision mechanism,and gradually perfect the related system of evidence about the plant.