Research On DNA Evidence Cross-examination System In Criminal Procedure

DNA evidence plays an increasingly important role in judicial practice,and has become an indispensable means of criminal investigation and court conviction.However,the formalization of the DNA evidence makes it impossible to review the DNA evidence,which,in part,makes DNA evidence a "accomplices" in the wrong cases.This article was based on the ideas,study of DNA evidence cross-examination procedure,hope that through the study found that the DNA evidence in cross-examination program,what are the problems in and draw lessons from foreign advanced legislative cases,DNA evidence cross-examination procedure in China are modified,so it can effective to review of DNA evidence,it is one characteristic of"trial center doctrine".This paper is divided into four chapters,and analyzes the basic concepts of DNA evidence,the foreign legislation and the existing problems and countermeasures.Chapter one analyzes the basic concepts and basic problems involved in DNA evidence and its quality certification program.First of all,the basic concept of DNA identification is analyzed.As a kind of appraisal opinion,it has the general characteristics of the identification opinion,and has its own unique characteristics.At the same time,DNA evidence is scientific,efficient and neutral,and these characteristics make it popular with judicial organs.DNA evidence has these advantages,however,does not mean that the DNA evidence without review,you can directly be adopted to determine the case facts,based on its still going through cross-examination procedure of review.The second chapter compares the quality certification procedure of Anglo-American legal system and civil law system.DNA evidence cross-examination procedure in civil law countries,still have very strong characteristics of the functions and powers doctrine,the role of the appraiser is relatively objective and neutral,its like the judge's assistant,to help judges ascertain the facts.In the Anglo-American legal system,the quality certification procedure of DNA evidence is full of antagonism,more litigant characteristics,and expert witnesses who produce DNA evidence are more biased.By comparing and analyzing the different characteristics of the DNA quality certification program of the Anglo-American legal system and the continental law system,it can be better to provide reference for the improvement of the DNA quality certification program in China.The third chapter analyzes the problems existing in the system of DNA evidence in China.China's DNA quality assurance system in the subject of the subject,content,object,the way there are problems.In the subject of the subject,there are mainly problems of lack of knowledge and inequality,and lack of consideration of the legitimacy and relevance of the evidence.In the case of cross-examination,both in the extraction of evidence,preservation or analysis of evidence,there are contradictions.In the way of cross-examination,although China has made great progress,but still inevitably there are some problems.There are four reasons for these problems:First,the lack of knowledge of DNA evidence,and second,China's judicial system has not yet really established a trial as the center.Third,the relevant provisions of the system for the identification of people in court are not perfect.Fourth,China lacks the system of expert support.In the fourth chapter,the author puts forward some suggestions on the perfection of DNA quality assurance system in China.Mainly for the subject of cross-examination,content,object,way,cross-examination program five angles.First of all,to improve the identification of the right to implement the implementation of the right to expand the right to counsel to improve the subject of cross-examination.Second,to strengthen the legitimacy of the evidence,the relevance of the review.Once again DNA samples collected and custody,inspection,interpretation of the results and other aspects of the strict rules.Repeated,from the transformation of cross-examination procedures and pre-trial evidence to improve the rules of the two ways to improve the quality of DNA.Finally,to strengthen the confrontation of DNA certification procedures,it is necessary to improve the system of witnesses in court and improve the expert support system.