Investigate On Judicial Expertise Trace Material Eviendce Of Traffic Accidents

In recent years,judicial expert opinion has become increasingly important in litigation.The traditional forensic appraisal and material evidence forensic appraisal systems have been developed relatively well,and the two types of judicial expert opinion have a high acceptance rate in courts.However,due to the late development of forensic appraisal of road traffic accident trace evidence,There are few qualified institutions in the industry and the expression of forensic conclusions is too professional,which leads to the low acceptance rate of judges’ forensic opinions on trace evidence of road traffic accidents.By analyzing the basic concept,scientific principle,equipment and degree of creditability of judicial expert opinion of trace evidence in road traffic accidents,the reasons for judges’ low creditability of forensic opinion are further analyzed.In addition,it also analyzes the problems commonly existing in the current industry,such as too many cases and too much pressure on the quantity of identification due to the few institutions with the qualification of forensic authentication of trace evidence.There are many defects in the issuance of appraisal opinions,appraiser’s remuneration,inadequate protection of privacy rights,strong professional expression of appraisal opinions,which leads to the difficulty of substantive review by the court,and obstacles for judges to understand appraisal opinions.At the same time,it deeply analyzes the problems existing in the appraisal procedure of this kind of judicial appraisal opinions,such as the unclear qualification of the subject of sample collection personnel and the inconsistent standard of sample collection in the process of sample collection.In the process of appraisal,the appraisal standard is updated slowly,and the appraiser’s independent appraisal right is affected.In order to change the status quo of forensic identification of trace evidence in traffic accidents,it provides suggestions from both juridical entity and legal procedure.In the juridical entity,the conditions for obtaining the qualification of trace evidence can be simplified,and the overall qualification of trace evidence can be subdivided into several sub-fields,and the accreditation institutions that meet the requirements can be granted to join the industry to alleviate the pressure of handling cases,and it is suggested that carefully explain the relevant identification criteria,so that judges can better understand the relevant judicial expert opinions.In the procedure,the subject qualification of extraction of trace evidence in traffic accidents can be clarified.It is suggested that auxiliary police be given some civilian police functions,such as sampling rights;Accompanied by an appraiser,an appraisal assistant may undertake the extraction process.At the same time,it is suggested to refine the extraction procedure of inspection materials,so that witnesses can better participate in the investigation and sampling process of cases.Improve the rights protection provisions of the appraiser,protect the relevant rights and interests of the appraiser by subdividing the requirements of the appraiser to appear in court,the fee standard of the appraiser to appear in court,and clarify the payment channels and payment methods of the appraiser to appear in court compensation.The case handling organs are required to better protect the privacy of appraisers,and at the same time protect the independent appraisal right of appraisers from interference from scalpers and harassment of appraisal parties.