Review And Judgment Of DNA Expert Opinion

The development of science and technology makes up for the deficiency of human cognitive ability,which is the origin of forensic science.The review of scientific evidence generated by science and technology applied in the judicial field is the common requirement of procedural justice and substantial justice.DNA expert opinion as a typical scientific evidence,it is necessary to review it.However,the "scientific" nature of DNA evidence makes it difficult to review its substance.From the different levels of theory and practice,it can open up new path for promoting the quality of the review DNA evidence.At the same time,it also can change the situation that judicial authorities cooperate excessively and lake of mutual restriction.In addition to the introduction,the full text is divided into four parts,with a total of about 30,000 words:The first part is the evidence base of DNA information and its attribute analysis.In the current criminal justice activities,the role of traditional traces and material evidence is decreasing.The application of DNA evidence is more and more extensive.DNA evidence even be known as "the greatest progress in forensic science",which is closely related to the characteristics of DNA information itself.DNA information is very stable,specific,and close to the body,it is important in searching the criminal suspect.The analysis of the evidence attributes of DNA information can be carried out from two levels.First,from the point of view of evidence data,DNA information belongs to the category of material evidence;secondly,from the point of view of evidence method,DNA information belongs to the expert opinion.The different characteristics of the material evidence and the expert opinion will affect the review of DNA evidence.The second part is the application of DNA appraisal opinion in criminal procedure and the dilemma of reviewing and judging.The application of DNA identification in the whole process of criminal procedure is of great significance in fighting crime,protecting innocent people and preventing crime.At the same time,as a kind of evidence,it is not only the legal requirement but also the guarantee of procedural justice and substantive justice to review it.However,reviewing the judicial practice,the lack of professional knowledge in the legal profession community,the low attendance rate of experts and the imperfect system of expert assistants make thereview of DNA evidence become difficultly.The third part is the review and judgment of DNA expert opinion based on the theory of criminal procedure.On the basis of theory,the review and judgment of DNA identification opinions are based on the investigation of the adoption of scientific evidence by both legal systems.The Anglo-American law system adopts a series of complex and diverse evidence rules to strengthen the obligation of the judge "gatekeeper".Based on different court structures and historical origins,the continental law system examines scientific evidence in the form of "free evaluation of the evidence" on the basis of analyzing the competence of evidence and the probative value.Considering our traditional judicial culture and trial structure,the review of scientific evidence draws more on the practice of the continental law system,and the review of DNA evidence should be carried out from its relevance,reliability and legitimacy.The fourth part is the review and judgment of DNA identification in judicial practice of criminal procedure.Based on the different emphasis of the power main body in each stage of criminal procedure,review DNA evidence may adopt a phased examination mode.During the investigation phase,the DNA expert opinion is verified and investigated in order to find out the facts and search the suspects.Therefore,we should pay attention to the factual examination,which includes the effective collection of biological samples,the integrity of DNA evidence storage chain and the DNA test quality control.Prosecution as the legal supervision department,it should review whether there are omissions in the process of investigation,through the "written examination".The prosecution need review the DNA evidence not be replaced or changed,it is also necessary to guarantee the experiment and identification document correct.In the trial phase,the judge should review DNA identification opinion substantively.The trial phase is the core stage of the evidence review.The "substantive examination" should be achieved by the enhancement of the specialized knowledge of the legal professional community,the favorable confrontation system between the expert and the expert assistant and rational use the DNA evidence.