On The Judicial Application Of Criminal Identification

The criminal appraisal system has a long history in our country.As early as the 1247,there appeared "copies" that specifically stipulated investigations,investigations and judicial appraisals.The Collection of Injustices by Song Ci during the Song Dynasty concentrated on the reflection of ancient China Superb level of identification.Since modern times,the criminal identification system has gradually incorporated ideas such as democracy and the rule of law,and has become an indispensable weapon for safeguarding proceedings and substantive justice and protecting human rights.However,at present,due to the confusion of concepts in judicial practice and the inadequacy of relevant system regulations,criminal identification has tended to deviate seriously from its set direction,which is undoubtedly a great obstacle to the construction of socialist democracy and the rule of law in China.The criminal identification system is an important part of the criminal procedure system.In order to solve this problem,in recent years,China has successively issued a series of documents intended to reform a series of"inspection and discrimination" and "multiple management" in practice.A series of judicial chaos,but because of the problems left over by history and the confusion of related legal concepts have not been resolved,these reforms are not thorough and do not touch on the essence of the problem,making a series of problems that have long plagued judicial practice.The existence and serious impact on the next step of judicial reform.Looking at the root cause of these problems,the internal classification and role positioning of criminal appraisal have not been clarified.The entire criminal appraisal system has been treated as a whole and its internal classification has been ignored.Criminal technical appraisal and judicial appraisal are mixed in theory and practice.An altar makes the phenomenon of "recognizing by investigation" and "representing by trial" being endless.In the face of the socialist modernization of the rule of law and the practical needs of deepening the reform of the judicial system,it is necessary to fundamentally solve the problem of confusion between criminal technical identification and judicial identification,establish a systematic guarantee system,and enable the identification system to return to its essence Really become a sword to safeguard social fairness and justice.To this end,this article explores the root causes of related problems through a holistic analysis method and seeks effective solutions:First,by longitudinally analyzing the origin,development and future trend of China's identification system,we use historical research methods to explore the root of the problem and grasp Mainly contradict the main contradictions,establish systematic regulations and management system systems according to the design needs of future development;secondly,horizontally summarize the experience and lessons in the field outside the region,starting from the fundamental purpose of protecting human rights,selectively absorbing and Learn from excellent system norms and make necessary adjustments and transformations in judicial practice,with a view to conforming to the overall direction of the socialist appraisal system and the construction of a country ruled by law.