Research Of The Problems And Countermeasures Of Judicial Expertise In Chinese Public Security Organs

For many years,the judicial authentication department set up within the public security organs of our country and the authentication personnel among them have not been listed in the management list of the national judicial authentication institutions,which has resulted in the slack of the access system for the authentication personnel of the public security organs,the good and the bad intermingled of the authentication personnel and professional abilities,meanwhile authentication opinions are frequently questioned.This article hopes to deepen the reform of public security judicial authentication and establish and improve a unified management system of judicial authentication through the research of public security judicial authentication in our country.At present,the judicial organs in our country are actually a typical "judicial administration" system of public security,procuratorate and court relays.All are operated in accordance with the model of investigation as the core.Under such a system,judicial fairness is naturally difficult to guarantee.Studying the problems and countermeasures in the judicial authentication of public security can ensure the fairness of the conclusion of the judicial authentication,establish a good image of the public security organs in the judicial work,and enhance social trust.This article attempts to carry out the research through four parts.The first part analyzes the basic theory of judicial authentication and elaborates the concept,types and principles of public security judicial authentication.Then it introduces the connection and difference between public security judicial identification and public security investigation identification.The second part analyzes the problems existing in our country's public security judicial authentication institutions by investigating and studying the internal actual process of the public security judicial authentication institutions in combination with author's practical work,mainly including: the main problems of public security judicial authentication;the problems of unequal starting power,inconsistent appraisal standards,ineffective appraisal supervision and lack of crossexamination links in the public security judicial appraisal procedure;Problems in legislation of public security judicial authentication,etc.The third part looks for the causes of the above problems in our country's public security judicial authentication,mainly including: the historical reasons for following the Soviet Union'smode of investigation and authentication;the public security organs' investigation of the casecentered investigation;legislation related to judicial authentication lags behind.The fourth part puts forward the countermeasures to solve the problems existing in the judicial authentication of public security organs in our country: to reestablish institutions to ensure the independence of the authentication subject of public security judicial authentication;improve the procedure of public security judicial authentication;the introduction of the national judicial authentication law and the revision of the sections on authentication in the criminal procedure law.