A, the relevant legal provisions of forensic identification
According to the "General Principles of Forensic Identification Procedures" Article 1 in order to standardize the forensic identification agencies and forensic identification of forensic activities, to ensure the quality of forensic identification, and to ensure the smooth progress of litigation activities, according to the "Decision of the Standing Committee of the National People's Congress on the Management of Forensic Identification Decision of the Standing Committee of the National People's Congress on the Management of Judicial Appraisal" and the provisions of relevant laws and regulations, the formulation of the General Principles. Article 2 of the judicial appraisal refers to the litigation activities in the use of scientific and technological appraisal or expertise on the litigation involved in the specialized issues of identification and judgment and to provide the activities of the appraisal opinion. Forensic procedures refers to the forensic institutions and forensic appraisal of the forensic activities and forensic appraisal of the way, steps, and the relevant rules of the general term. Article III of the General Principles apply to the activities of forensic institutions and forensic experts engaged in various types of forensic business. Article 4 of the forensic institutions and forensic experts to conduct forensic activities, should comply with laws, regulations and rules, abide by professional ethics and practice discipline, respect for science, and comply with the technical specifications. Article 5 of the judicial appraisal of the implementation of the appraiser is responsible for the system. Judicial expert shall be independent, objective and impartial appraisal in accordance with the law, and responsible for their own appraisal opinions. The forensic expert shall not meet with the litigants and their commissioners in violation of the provisions. Article 6 of the forensic institutions and forensic experts should be conservative in the practice of state secrets, commercial secrets, shall not disclose personal privacy. Article 7 of the forensic expert in the practice should be in accordance with the relevant procedural law and the provisions of the General Principles of the implementation of avoidance. Article VIII of the judicial appraisal fees to implement the relevant provisions of the state. Article IX forensic institutions and forensic forensic activities shall be subject to supervision in accordance with the law. For the violation of relevant laws, regulations, rules and regulations, by the judicial administrative organs shall be given the appropriate administrative penalties; for the violation of the norms of the forensic profession, the forensic association shall be given the appropriate industry sanctions. Article 10 of the forensic identification agencies should strengthen the management and supervision of the practice of forensic identification. Judicial appraisal of the violation of the provisions of the General Principles, the judicial appraisal institutions shall be corrected. Chapter II commission and acceptance of forensic appraisal Article 11 of the forensic institutions should be unified to accept the judicial appraisal commission of the case-handling organs. Article 12 of the commissioner entrusted appraisal, the judicial appraisal institutions should provide true, complete and sufficient identification materials, and the authenticity of the identification materials, legality is responsible. The judicial identification agency shall check and record the name of the identification material, type, quantity, trait, preservation status, receipt time. The litigants have objections to the appraisal materials, should be proposed to the client. The identification materials referred to in these general principles, including biological samples and non-biological samples, sample materials and other identification matters related to identification information. Article 13 of the judicial appraisal institutions shall receive the commission within seven working days from the date of acceptance of the decision. For complex, difficult or special appraisal of the commission, the forensic identification agency can consult with the client to determine the acceptance of the time. Article 14 of the judicial appraisal institutions should be entrusted to appraisal matters, appraisal materials, etc. for review. To belong to the scope of the organization's forensic business, the identification of legitimate purposes, the identification materials provided to meet the needs of identification, should be accepted. For identification materials are incomplete, inadequate, can not meet the identification needs, the forensic identification agency may require the client to supplement; after supplementation to meet the identification needs, shall be accepted. Article 15 has one of the following circumstances of the appraisal entrusted to the judicial appraisal institutions shall not be accepted: (a) commissioned the appraisal of matters beyond the scope of business of judicial appraisal; (b) found that the appraisal of material is not true, incomplete, insufficient, or illegal way of obtaining; (c) appraisal of the use of illegal or contrary to the social morality; (d) appraisal Requirements do not comply with the rules of practice of forensic appraisal or relevant appraisal technical specifications; (e) appraisal requirements beyond the technical conditions of the organization or appraisal capacity; (f) the client on the same appraisal matters at the same time entrusted to other forensic institutions for appraisal; (g) other cases do not comply with the provisions of the laws, regulations and rules. Article 16 of the judicial appraisal institutions decided to accept the appraisal commission, shall sign a judicial appraisal power of attorney with the principal. Judicial appraisal commission shall contain the name of the principal, the name of the judicial appraisal organization, commissioned the appraisal matters, whether or not belong to the re-appraisal, the purpose of the appraisal, the appraisal of the basic facts of the case, the provision and return of appraisal materials, appraisal of the risk, as well as the identification of the two sides agreed upon the identification of time limits, appraisal fees and charges, and the rights and obligations of the two sides of the matter need to be set out. Article 17 of the judicial appraisal institutions decided not to accept the appraisal entrusted to the client shall explain the reasons, return appraisal materials. Chapter III implementation of forensic appraisal Article 18 of the judicial appraisal institutions to accept the appraisal entrusted to the agency shall designate the appraisal matters with the qualifications of the forensic appraisal appraisal. The client has special requirements, the consensus of the two sides, you can also choose from the organization qualified forensic identification. The client shall not require or imply that the forensic institutions, forensic experts according to their intentions or specific purposes to provide expert opinion. Article 19 of the judicial identification agencies on the same identification matters, should be designated or selected two forensic identification; complex, difficult or special identification matters, can be designated or selected more than one forensic identification. Article 20 of the forensic expert himself or his close relatives and litigants, identification matters related to the case has a stake in the case, which may affect its independence, objectivity and impartiality of the identification, should be avoided. The forensic expert has participated in the same appraisal matters appraisal, or has provided advice as an expert, or has been hired as a person with specialized knowledge to participate in the same appraisal matters of the court, should be recused. Article 21 of the forensic identification of their own recusal, by the forensic identification organizations to which they belong; the client requires the forensic identification of the forensic identification of the recusal of the forensic identification of the forensic identification of the forensic identification of the forensic identification of the forensic identification of the forensic identification of the forensic identification of the forensic identification of the forensic identification of the forensic identification of the forensic identification organization. The commissioner of the judicial appraisal organization to make the decision of the judicial expert whether to avoid the objection, you can withdraw the appraisal commission. Article 22 of the judicial appraisal institutions shall establish the appraisal material management system, strict monitoring of the appraisal of the receipt of material, custody, use and return. Forensic institutions and forensic experts in the appraisal process should be in strict accordance with the technical specifications for the custody and use of appraisal materials, due to serious irresponsibility caused by the appraisal of material damage, loss, shall be held liable according to law. Article 23 of the forensic expert appraisal, should be in the following order to comply with and adopt the professional field of technical standards, technical specifications and technical methods: (a) national standards; (b) industry standards and technical specifications; (c) the professional field of the majority of the experts recognized by the technical methods. Article 24 of the forensic expert has the right to understand the identification of the case materials needed, you can access, copy the relevant information, if necessary, you can ask the litigants, witnesses. With the consent of the client, the forensic identification organization can send staff to the scene to extract identification materials. On-site extraction of identification materials should be no less than two staff of the forensic identification organization, at least one of which should be the identification of the matter of forensic experts. On-site extraction of identification materials, there should be the client assigned or commissioned by the person present to witness and sign the extraction record. Article 25 of the appraisal process, the need for people without civil capacity or limited civil capacity to carry out physical examination, shall notify their guardians or close relatives present to witness; if necessary, the commissioner can be notified of the presence of witnesses. Forensic psychiatric appraisal of the appraised person, should notify the client or the appraised person's next of kin or guardian to be present to witness. The need for autopsy, should notify the client or the deceased's next of kin or guardian to witness. Witnesses should be present to witness the appraisal record signed. Witnesses are not present, the forensic expert shall not carry out relevant identification activities, the delay is not counted in the identification time limit. Article 26 of the identification process, the need for forensic clinical examination of the body of the appraiser, shall take the necessary measures to protect their privacy. Article 27 of the forensic appraisal shall be a real-time record of the appraisal process and signature. Records can take notes, audio, video, photography and other ways. Records should contain the main identification methods and processes, inspection, testing, testing results, and the use of instruments and equipment. The content of the record should be true, objective, accurate, complete and clear, recorded text data, audio and video data should be deposited in the appraisal file. Article 28 of the judicial appraisal institutions shall be judicial appraisal commission from the date of entry into force within thirty working days to complete the appraisal. Identification matters involving complex, difficult, special technical issues or identification process takes a long time, the approval of the head of the organization, the completion of the identification of the time limit can be extended, the extension of the time limit shall not exceed thirty working days. Identification of the extension of the time limit, should promptly inform the client. The forensic identification agencies and the commissioner of the identification of the time limit otherwise agreed, from its agreement. In the identification process to supplement or re-take the time required to identify the material, not counted in the identification time limit. Article 29 of the judicial identification agencies in the identification process, one of the following circumstances, you can terminate the appraisal: (a) found to have the General Principles of Article 15, paragraph 2 to paragraph 7 of the provisions of the situation; (b) the appraisal of the material depletion, the commissioner can not be supplemented with the provision of; (c) the commissioner refuses to fulfill the obligations set out in the letter of entrustment of the forensic appraisal, the appraisal of the person refuses to cooperate with Or appraisal activities have been seriously interfered with, resulting in the identification can not continue; (d) the client initiative to revoke the appraisal commission, or the client, the litigant refused to pay the appraisal costs; (e) due to force majeure caused by the appraisal can not be continued; (f) other need to terminate the appraisal of the situation. Termination of the appraisal, the forensic identification agency shall notify the client in writing, explain the reasons and return the appraisal materials. Article 30 of the following circumstances, the forensic identification agency can be based on the client's request for additional identification: (a) the original commission of the identification of the matter has been omitted; (b) the commissioner of the original commission of the identification of the matter of the provision of new identification materials; (c) other cases require additional identification. Supplementary identification is part of the original commissioned identification, should be carried out by the original forensic expert. Article 31 of the following circumstances, the forensic identification agency can accept the case organ entrusted to re-identification: (a) the original forensic identification does not have to engage in the commissioned appraisal of the matter of qualification; (b) the original forensic identification agency beyond the registered scope of business organization appraisal; (c) the original forensic identification should be recused without recusing; (d) The case-handling organs that need to be re-assessed; (e) other circumstances provided by law. Article 32 re-identification should be entrusted to the original forensic institutions other than forensic institutions; for special reasons, the client can also entrust the original forensic institutions, but the original forensic institutions should be designated outside the original forensic forensic other than the original forensic forensic qualified forensic experts. Accept re-identification commissioned by the forensic identification agency qualifications should not be lower than the original forensic institutions, re-identification of forensic experts should be at least one with the relevant professional senior professional and technical titles. Article 33 of the appraisal process, involving complex, difficult, special technical problems, can be outside the organization of the relevant professional fields of experts for consultation, but the final appraisal shall be issued by the organization of the forensic expert. The experts to provide advice should be signed and deposited in the appraisal file. Article 34 for cases involving major or particularly complex, difficult, special technical issues or identification of multiple identification categories of identification matters, the case-handling authority may entrust the forensic identification industry associations to coordinate multiple forensic identification agencies for identification. Article 35 of the judicial forensic identification of the completion of the identification, forensic institutions should be designated with the appropriate qualifications of the appraisal process and appraisal of the review; involving complex, difficult, special technical issues or re-identification of the identification matters, can organize more than three experts to review. Review personnel to complete the review, should be put forward and signed the review opinion, deposited in the appraisal file. Chapter IV of the judicial appraisal of the issuance of opinions Article 36 of the judicial appraisal institutions and judicial appraisal shall be in accordance with the unified text format for the production of judicial appraisal opinion. Article 37 of the forensic opinion shall be signed by the forensic expert. More than one person to participate in the appraisal, the appraisal of different opinions, it should be noted. Article 38 of the judicial appraisal of the opinion shall be stamped with the judicial appraisal organization of the judicial appraisal of the special seal. Article 39 of the judicial appraisal of the opinion should be four copies, three copies to the client receipt, a judicial appraisal organization archives. Forensic institutions should be in accordance with the relevant provisions of the agreement or with the client, the way to send forensic opinion to the client. Article 40 of the commissioner of the appraisal process, the appraisal opinion of the inquiry, the forensic identification institutions and forensic experts shall give explanations or explanations. Article 41 of the judicial opinion issued, found that one of the following circumstances, the forensic identification agency can make corrections: (a) images, spectrograms, forms are not clear; (b) signatures, seals, or numbering does not meet the requirements of the production; (c) textual expression of the flaws or misspellings, but does not affect the forensic opinion. The correction should be made on the original forensic opinion, signed by at least one forensic expert in the correction. If necessary, a letter of correction can be issued. The correction of the forensic opinion, shall not change the original intent of the forensic opinion. Article 42 of the forensic identification agencies shall, in accordance with the provisions of the forensic identification of opinions and related information organized into volumes, archives and storage. Chapter V judicial expert testimony Article 43 by the people's court notified according to law, the judicial expert shall testify in court to answer questions related to identification matters. Article 44 of the judicial appraisal institutions received notice of the appearance, shall promptly confirm with the people's court of the time, place, number of judicial appraisers to appear in court, costs, requirements and so on. Article 45 of the forensic institutions shall support the forensic expert to testify in court, to provide the necessary conditions for the forensic expert to appear in court according to law. Article 46 of the judicial expert witnesses, should be civilized demeanor, to comply with court discipline. Chapter VI Supplementary Provisions Article 47 of the General Principles of the judicial identification agencies and judicial experts to carry out forensic activities should be observed and adopted by the general rules of procedure, different professional fields of identification procedures have special requirements, can be based on the General Principles of the development of appraisal procedures. Article 48 of the General Principles referred to the case-handling organs, refers to the handling of litigation cases of the investigative organs, review and prosecution organs and trial organs. Article 49 In addition to the litigation activities, the judicial appraisal institutions and judicial appraisers to carry out relevant appraisal business in accordance with the law, with reference to the provisions of the General Principles.Two, the judicial appraisal of what is included
1, forensic identification. Such as cause of death identification, injury identification, DNA identification. 2, judicial psychiatric identification. If there is incapacity, mental illness is a crime before, or after the crime. 3, criminal identification. Including footprint identification, fingerprint identification, hair identification, bullet identification, seal identification, handwriting identification. Accounting books identification, chemical identification, drug identification, toxic identification. 4, other technical identification. Such as production liability accidents and the identification of the cause and effect of the fire and the identification of the consequences.Three, how to choose the forensic appraisal organization
Self-identification of no dispute, can be used as the basis for medical disputes, administrative identification is the administrative organs to deal with medical disputes, if there is no dispute, the court review of the lawfulness of the lawsuit can be used as the basis for the case of the finalization of the case. Judicial appraisal in addition to the properties of the general appraisal also has judicial authority, in the appraisal of the conclusion of the existence of disputes, the judicial appraisal as a judicial activity tends to exercise the right of final decision, the judicial appraisal is usually also used as a tool for the judge to certify the judicial appraisal conclusions as a basis for adjudication in practice.