| Complaints of forensic identification is a defending right of the interested person when he or she concerned that the forensic institutions or the experts has violated the criterion of the identification and trespassed the lawful right.Based on the statistical analysis of the data released by the Ministry of Justice over the years,this paper analyzes the overall situation of the complaints and the rate of verified cases of the complaints in China in the past few years.The results emerge the problems of the forensic system,norms and standards in China,and also reflects the the defects of the system of complaints handling and some problems of the forensic procedure and management system.Based on the above basic research,this paper is further divided into four parts:The first part mainly gives a general description of the complaint of forensic identification.The basic concept of complaint is expounded in the broad and narrow sense,and defines the meaning of subject,methods and content of complaint,and also classifies the complaints according to the cause,efficacy,object,accepted department and means of complaint.In addition,this part also introduces the influence of the complaint.The second part mainly summarizes the qualities of the complaints in reality.According to the statistical data of the national forensic situation issued by the Ministry of Justice over the yeas and the register of complaint of the judicial bureau of a district of Chongqing in2014-2018,the complaints mainly show the following qualities: the content of complaints is various,but the proportion of individual cause of complaints is high;There are also invalid complaints submitted mingle with effective claim;Repeated complaints is outstanding;The most of claims have serious,exaggerated facts but lack of evidence;Illegal complaints derived from diverse means of complaint and other problems plague the forensic identification.The third part includes the analysis and combing of the cause and status of the identification.The " honest and upright official complex " and " power worship complex " rooted in the traditional thinking of the common people are the important reasons for the complaint,the processor subject of the complaint can not be trust by the common people,and the threshold for submitting administrative complaints is lower compared to the technical and legal difficulty of challenging forensic expert opinion in litigation.The subject of the complaint does not understand the complaint system who is apt to choose the administrativecomplaint instead of the examination of the expert opinion.The low entry threshold,which leads to the insufficient capability and weak consciousness of law of the social forensic institutions and experts of the subject of the complaint,the ability of the practice and the awareness of law is uneven,which is also one of the reasons for the complaint.Some forensic institutions and experts keep the "focus on results rather than procedures" thinking,identification activity procedures are not rigorous and standardized.Experts and institutions do not comply with the identification procedures,violations of the procedures and even make false identification deliberate.In addition,there are inconsistent identification standards and different understandings of the standards,the complainant will be initiated due to misunderstanding.The judicial administration is not meticulous enough to deal with the complaint,their image is not fair enough.The court can not resolve the dispute through the cross-examination in trial,leading the contradiction convey to the outside of the litigation,which is also one of the reasons for the complaint.The fourth part mainly points out the prevention and resolution for complains in light of the situation in reality.On the one hand,the judicial administration needs to improve the Measures for Handling of Complaints of Forensic Identification,strictly examine the access of the experts,supervise and manage the forensic activities discreetly,and the forensic institutions and experts shall cooperate with the courts to strengthen the examination of commission in order to handling the acceptance.The institutions shall do a better job in the assessment of risk in identification.Based on these measures may fundamentally prevent the occurrence of complaints.On the other hand,in the handling of the complaint,establishing the classification of complaints and coordination of processing between administration and court,using network platform to publish the information on complaints handling procedures,emphasizing the role of forensic identification industry association,to help promote the fairness and efficiency of the handling of complaints,reduce the anxiety and lead the normal and objective attitude of complainants,to resolve the contradictions and disputes of forensic identification. |
