Identification Problems And Countermeasures In Criminal Misjudged Cases

In recent years,a series of criminal misjudged cases have been disclosed in our country,and the reasons for this have been found to have more or less identification problems.As the key evidence in the criminal trial in China,the appraisal opinion is one of the important basis for the judge to decide the case.It can often prove the true situation of the case,help the judge to determine the main facts of the case,and determine the crime and sentence.It can be said that the status of judicial appraisal in criminal proceedings is very important.Due to the scientific,objective and neutral nature of the appraisal opinions,judges are more willing to adopt,adopt appraisal opinions,and even blindly trust appraisal opinions in judicial practice.Therefore,when the identification opinion is wrong,the referee of the case often has an error.With the continuous exposure of the criminal misjudged case,the identification problem of the case itself has also surfaced.This not only tests the judicial credibility,but also requires us to solve the identification problem and prevent the occurrence of criminal misjudged cases.This paper first analyzes the concept,characteristics and basic theories of the identification opinions.This is the basis and logical starting point for the empirical research on the identification problems in criminal misjudged cases.Then this paper selects 46 major criminal cases that have been corrected by the trial supervision procedure since 2013,and analyzes the many identification problems in the criminal misjudged cases.The specific performance is the collection and preservation of the identification materials and the allocation of judicial authentication activation rights.Unreasonable and formalized cross-examination.In order to solve the identification problem in criminal misjudged cases,this paper makes a comparative study on the American expert witness system,the German and Italian judicial identification system,and hopes to learn from the advanced experience outside the domain,improve the judicial identification system in China,and reduce the occurrence of criminal misjudged cases.Finally,based on the advanced experience outside the domain,this paper puts forward the countermeasures for the identification of criminal misjudged cases.The identification problem in China's criminal misjudged case can be solved from three aspects.The first is the collection and preservation of standardized identification materials,specifically the theory of introducing evidence custody chain and information flow,establishing a traceable source management system for identification materials;the second is to rationally allocate the right to initiate judicial appraisal,including designing the parties to apply for identification to initiate relevant relief systems,add compulsory appraisal matters,and improve the supervision mechanism for the right to initiate judicial appraisal;third is to improve the cross-examination system for appraisal opinions,including the establishment of appraisal opinions.Show the system,refine the cross-inquiry rules,clarify the scope of the appraiser's testimony in court,and give full play to the role of the expert assistant in the substantive cross-examination.