Research On Legal Problems Of Physical Evidence Identification

Of material evidence identification using spectral technology belongs to a professional material evidence identification technology,using the theory of spectral technology achievements for the identification of trace material evidence,fingerprints,writing files samples such as spectral analysis,through the spectrum analysis technology to extract feature maps or related sample characteristic curve,the appraisal personnel based on feature mapping professional analysis,comparison and curve,form scientific evaluation,realize the accurate identification of the fingerprint,writing files accurately identify,effectively guarantee the evidence of expert opinion,give play to the role of its probative value of the case facts.With the development and progress of the society ruled by law,judicial activities have higher and higher requirements for the identification technology of material evidence.Only the spectral identification technology satisfying the legitimacy of procedure and scientific technology can ensure the scientificity and objectivity of the identification opinion,and the judge can make a fair and reasonable judgment on the case by relying on the scientific and fair identification opinion.[ma jiangtao.Research on professional code of conduct for judicial expertise [M].Law press 2015,3:25-27.However,the appraisal opinions obtained only by scientific means and professional techniques are not fully applicable to China's evidence law.A professional appraisal technology must meet the legal requirements of China's evidence law on evidence collection,extraction,storage and cross-examination.At present,the comparison of judicial authentication authority and unified law mainly include the justice department of the general principles of the judicial authentication procedures and the standing committee of the National People's Congress promulgated by the standing committee of the National People's Congress the decision of the management of judicial authentication ",[2005.2.28 of the National People's Congress by the 14 th session of the standing committee of the National People's Congress standing committee the decision of the management of judicial authentication ".] these two legal documents is a general problem for judicial authentication rule and law principle and general,So there are many legal problems in the application of spectral technology in judicial practice in the appraisal and the application of the appraisal opinion.Therefore,in view of these relevant legal issues,it is necessary to make targeted improvement and rectification of the identification technology.Based on the above writing ideas,this paper discusses and studies the legal issues of the application of spectral technology in the identification of physical evidence through four parts:The first part introduces the application status of the identification technology in China.The main application progress can be divided into the following points: first,the application of the identification technology in fingerprint identification is described,eliminating the interference of the signature pen in the fingerprint background,so that the fingerprint can be displayed independently and clearly.Secondly,the application of the identification technology in document inspection is described,mainly involving the identification of paper,ink timing and color number of signature pen.Third,the special analysis system for spectral image of physical evidence identification is introduced.This system is the tool software of spectral technology applied in physical evidence identification,which improves the efficiency of identification.The second part elaborates on the legal issues of the application of spectral technology in the identification of physical evidence.The legal issues involved mainly include the legislation of the specific legal norms on which technology application depends,the legal issues existing in the process of technology application,and the legal issues in the application of the expert opinions formed by the appraisal.The existence of these legal problems indicates that the development and application of this appraisal technology in China are not perfect enough.Many problems do not conform to the relevant provisions of evidence law,which have an impact on the objective determination,relevance and legitimacy of appraisal opinions and affect the evidence effectiveness of appraisal opinions.The third part is the improvement of the legal issues,the legal issues mentioned in the second part of the thesis,the author tentatively puts forward corresponding solving measures and perfect Suggestions,on the basis of solving legal problems to promote scientific and validity of the identification technology,to ensure the objectivity,legality,and relevance of expert opinion,play its proper evidence effectiveness and force.