Research On The Reform And Outlet Of The Integration Of Investigation Organs And Identification Agenc

The investigative organs of our country bear the responsibility of ascertaining the facts of the case,punishing the crime and guaranteeing the legitimate rights and interests of the people.In the process of investigation,The judicial expertise,which is mainly relied on by science and technology,bears the function of collecting evidence and proving the case.Especially for some special cases,the role of judicial authentication is no substitute for any investigation method and means.This also promotes the formation of the judicial identification management system of "the integration of investigation organs and Identification agenc" in China.That is,the right of forensic expertise and investigative power belong to the investigative organs in criminal proceedings.The investigative organs hold the initiative of decision and use forensic expertise as a means of investigation.With the development of the principle of balance between the prosecution and the defense advocate of modern judicial system,the difference between the methods of investigation and judicial identification of the understanding of the judicial identification,showing neutrality features more and more obvious,In order to achieve the goal of justice in the judicial system,improve the level and quality of forensic expertise,and ensure the credibility of the investigation organs,it is imperative to carry out the necessary reform.This paper will discuss the reason and necessity of our integration of investigation Organs and Identification agenc development,produced in the process of judicial practice problems,how to improve the level of identification and identification of quality guarantee,neutrality of the investigation organs to identify institutions that are based on the way of exploring the system.Change itself in the "wrong idea,to ensure that the investigation organs appraisal department is relatively independent,and gradually realize the separation and investigation departments,strengthen the rights of related parties identified security,promote the implementation of the mechanism of the balance,coordination and management of internal administrative judicial identification and investigation organs,strengthen the investigation organs identification the mechanism of external supervision system..This article is divided into the following five parts.The first part is an overview of the system of " the integration of investigation organs and Identification agenc " in China,including three parts.First,the historical evolution of the system,that is,the process of its emergence and development.Secondly,the reasons for the formation of the system of "integration of investigation and prosecution" are not only historical reasons,but also the requirements of guiding ideology and solving efficiency in the early stage of new China's establishment.At the same time,it is also influenced by traditional theories.In the end,the role of the " the integration of investigation organs and Identification agenc " is to improve the efficiency of the investigation and ensure the secrecy of the investigation.The second part is to discuss the shortcomings of the "the integration of investigation Organs and Identification agenc" in our country,which is the main content of the article,including five parts.First,the establishment of accreditation bodies in the investigative organs is short of the third party's main body status.The neutrality of the appraisal is affected.The difference between the social identification institutions and the accreditation agencies in the investigative organs and the influence of neutrality are analyzed.Two,there is a lack of rational division of labor between the investigative function and the appraisal function,which is not conducive to the establishment of a unified judicial expertise management system,resulting in the chaos of multi management in practice and the quality of appraisal.The three is the confusion of criminal technology,criminal technology appraisal and forensic expertise.The scope of the appraisal opinion used as evidence is not clear,and the problems in the appraisal process are brought into the litigation process,affecting the fact finding and conviction measurement of the case.Four is the unbalance between the prosecution and the defense,the investigative organs have the absolute power in the judicial authentication.Five,through a case of injustice and misconduct,it analyzes the problems that are easy to appear in the judicial practice of investigative organs.The third part is the inspection and reference of the management system of extraterritorial appraisal institutions,mainly the general situation of the two legal systems,and specifically discusses one of the representative countries' judicial expertise management system.The fourth part is the suggestion and the way out of the reform,which is based on the analysis of the above theory and practice,which includes four aspects.One is to ensure the relative independence of the establishment of the accreditation bodies in the investigative organs.That is to say,in the existing system of " the integration of investigation Organs and Identification agenc ",we should transform erroneous concepts,gradually realize the independence of the investigation department and the appraisal department,and the independence of the appraisal department and the scene investigation department.The two is to strengthen the protection of the rights of the parties to identify the related rights,and to achieve the balance of the prosecution and the defense.Three is the mechanism to implement the administration of judicial authentication and the internal coordination management of the investigative organs.Four,we should improve the external supervision mechanism for the identification bodies inside the investigation institutions,including the supervision of the judicial administrative organs,the supervision of the industry associations,and the supervision of the prosecution organs.The fifth part is the conclusion,that is,the summary of the content of the article.