Research On Repeated Identification Problem In Criminal Proceedings

As one of the types of legal evidence,the appraisal opinion plays a key role in ascertaining the facts of a case and making a fair judgment according to law.However,the appraisal system is not regulated enough,and the parties have lower trust to the appraisers,hence,there are more and more plaintiffs,defendants and even both parties in a request for repeated appraisal.Starting from Huang Jing's death and Wu's hemorrhagic shock,this paper combs the phenomenon of repeated appraisal in the case and its adverse effects and it brings about some reflections on criminal repeated appraisal,and explores the root cause and corresponding solutions for repeated appraisal.There is not a unified definition of repeated appraisal,and each scholar has given his or her own definition of repeated appraisal in the research.Although some scholars have put forward the essence of repeated appraisal,it is not comprehensive enough.This paper holds that the repeated appraisal refers to the appraisal activities in which the relevant subjects have doubts about the initial appraisal opinions and conduct more than two appraisal activities in accordance with the legal appraisal procedure.Repeated appraisal is different from re-appraisal,supplementary appraisal and multiple appraisal.It has the characteristicsof “three more and one repetition”,that is,there are more principals,more appraisal institutions,more appraisal opinions and repeated appraisal items.At present,in the judicial practice,criminal repeated appraisal cases have the following characteristics:first,the appraisal type is relatively single,and they are mostly concentrated in the field of forensic appraisal.Second,the repeated appraisal mainly occurs in a certain stage.Most of them occur in the preliminary investigation or investigation stage,and seldom in the examination and prosecution or trial.Third,repeated appraisal is likely to cause other illegal problem and other social phenomena,disrupting social peace and stability.Repeated appraisal seriously hinders the judicial justice.It increases litigation cost and reduces litigation efficiency.After the research,the paper holds that the reasons for the repeated appraisal can be summarized as the following: first,under the background of the criminal procedure in China,the plaintiff and the defendant are naturally antagonistic,there are conflicts of interest,and one party is hard to trust the other party's appraisal opinion.Secondly,at present,there are strict principles in the provisions of criminal procedure in China.Many problems in judicial appraisal lack of legal basis,which brings a lot of inconvenience to judicial practice;thirdly,there are defects in criminal judicial appraisal,scientific appraisal will reduce the probability of mistakes in appraisal opinion.And the appraisal opinion is greatly infected by subjective and objective condition.The irregularities in appraisal activities may affect the scientificity and accuracy of appraisal opinions.Fourthly,in the current criminal procedure,the appraisal right is not reasonably allocated,and there is no clear standard for the application and implementation of repeated appraisal.Based on the analysis of the above-mentioned repeated appraisal reasons,this paper holds that we should start from two aspects to solve the problem of repeated appraisal: first,avoid to randomly repeat the appraisal,and reduce the occurrence of repeated appraisal from the source;second,seek an effective method to solve the differences of multiple appraisal opinions,and eliminate the adverse effects caused by repeated appraisal on judicial activities.After that,this paper argues that we should start from the following four aspects: first,from the substantive and proceduralaspects,it should limit the repeated appraisal condition.Frequent repeated appraisal is one of the important reasons.It is necessary to regulate the repeated appraisal condition,conduct a review of the necessity of re-appraisal,and avoid abuse of repeated appraisal.Second,it is necessary to establish a sound objection mechanism of expert opinions,including improving the notification procedure of expert opinions,holding expert opinion hearings before the court,and implementing the system of expert witnesses testifying in court.Third,how to solve the conflict of multiple appraisal opinions? This paper suggests that it is necessary to establish multiple appraisal opinion evidence rules,and judges need to identify and adopt appraisal opinion that is true to the facts of the case.The witnesses should appear in court to reduce the loss of the evidential power of the appraisal opinions,thus to reduce the repeated appraisal chance,and to organize experts to jointly appraise multiple opinions,and to issue expert opinions for the reference of the judicial organs.Fourth,we should strengthen the supervision of judicial appraisal institutions and appraisers,strictly control the qualifications of appraisal institutions,improve the professionalism of appraisers,and establish a unified,scientific and objective evaluation criteria in the appraisal field.Through the analysis of the repeated appraisal in criminal cases,the paper adopts case analysis and literature research methods,and tries to find the root cause of repeated appraisal and the corresponding solutions,so as to provide feasible measures for the judicial organs to break the difference in appraisal opinions,and provide a reference for judicial organs to reduce repeated appraisal in practice,achieve judicial justice,and improve the litigation efficiency in the future.