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Forensic identification identification of what content?
A, forensic identification Identification of what content? Generally speaking, the scope of identification, including criminal evidence identification, medical identification of personal injury, psychiatric medical identification, price identification of seized items, cultural relics and rare, endangered animals and plants and their products identification, contraband, dangerous goods identification, electronic data identification. The establishment of China's judicial appraisal mechanism is based on criminal appraisal, but with the DNA technology, image enhancement technology, instrument automation technology, computerized fingerprint system, automatic trace retrieval system and artificial intelligence system and many other cutting-edge technologies in civil litigation, administrative litigation and many non-litigation activities such as civil arbitration in the wide range of judicial appraisal, the scope of the larger changes, modern science and technology have overcome Modern science and technology has overcome many specialized problems that could not be identified in the past. Today's forensic identification not only includes the traditional trace identification, handwriting identification and document authenticity identification, paperwork identification, etc., but also includes today's DNA paternity test, writing time identification, polygraph testing, product quality inspection, documents, certificates, tickets identification and identification of animals, plants and material identification, border control inspection, and so on. In judicial practice, specialized issues mainly refers to physical evidence technology, forensic science, judicial psychiatry and other professional disciplines in the field of issues, specialized issues involved in a very wide range. Generally speaking, the scope of identification, including criminal evidence identification, personal injury, medical identification, psychiatric medical identification, price identification of seized items, cultural relics and rare, endangered animals and plants and their products identification, contraband, dangerous goods identification, electronic data identification. Second, the concept of judicial appraisal In China, the narrow sense of the judicial appraisal refers to the public security organs, state security organs and people's procuratorates in order to investigate the case, assigned or hired experts with specialized knowledge of the case of certain specialized issues using professional knowledge to identify and judge and draw conclusions of a judicial activity. Judicial appraisal in a broad sense, including administrative law enforcement process and arbitration and other non-litigation activities carried out in the appraisal. Judicial appraisal in the narrow sense of the judicial appraisal and the broad sense of the judicial appraisal of the same object, the use of technical methods are also the same, the main difference is that the application of different activities, to comply with the legal norms are different. Appraisal of the object can be divided into the following types: First, the human body or substances related to the human body such as blood, semen, saliva, urine, hair, hand and foot prints, mouth voice, etc.; Second, the existence of a variety of substances in the natural world or the environment, geography, geomorphology, etc.; Third, the creation of a variety of material products created by human brain or physical labor, such as words, images, bills, buildings, mechanical equipment, etc.. Any as the object of identification, itself should be at least presumed to have relevance to the facts of the case; on the contrary, it can not be used as the object of identification. Forensic identification includes the following main categories: forensic pathology identification, forensic clinical identification, forensic psychiatric identification, forensic evidence identification, forensic toxicology identification, forensic accounting identification, forensic appraisal of documents, traces of forensic identification, trace identification, forensic computer forensics, forensic appraisal of construction, forensic identification of audio-visual information, intellectual property rights, forensic identification and so on. Third, the judicial appraisal procedure is how 1, commission: (1) judicial appraisal institutions to accept the judicial organs, arbitration institutions of judicial appraisal commission. (2) in litigation cases, in the parties have the burden of proof, the judicial appraisal organization can also accept the parties of the judicial appraisal commission. Acceptance: (1) If the conditions for acceptance are met, and the acceptance can be decided immediately, the forensic identification organization shall sign a Contract for Acceptance of Judicial Appraisal Entrustment with the principal; (2) if the acceptance cannot be decided immediately, it shall issue a Receipt of Judicial Appraisal Entrusted Materials to the principal, and make a decision as to whether or not to accept the entrusted materials within 7 days from the date of receipt of the entrusted materials; (3) if the conditions for acceptance are not met, the decision shall be made to return the entrusted materials to the appraisal institution if it is not accepted. Inadmissible, shall return the appraisal materials and explain the reasons to the client; (4) for the letter entrusted to the judicial appraisal institution shall, within 7 days from the date of receipt of the letter to make a written reply on whether to accept. 3, the initial appraisal of the forensic identification agency accepts the commission, the forensic identification agency designated forensic expert, or by the client application and the forensic identification agency agreed forensic expert to complete the commission matters. 4, review appraisal appraisal of the identification of objections to the conclusion of the need for review appraisal, other higher-qualified forensic institutions can accept the commission, review appraisal. Review appraisal in addition to the need to submit identification materials, should be submitted to the original forensic instruments. 5, the issuance of forensic identification documents forensic identification agencies in the legal or agreed upon identification period after the completion of forensic identification, forensic identification documents shall be issued on time. Judicial appraisal of the original instrument in triplicate, one of which to the client, two by the judicial appraisal organization for the archives. The judicial expert shall appear in court on time in accordance with the requirements of the judicial or arbitration organs. When the judicial expert appears in court, he or she shall present the Certificate of Practice of Judicial Expert. In the case of the process of the need for forensic identification, are worthy of identification of the object, the identification of personnel and on-site evidence collection of personnel should be careful. And in accordance with the legal forensic procedures for appraisal, appraisal results based on the actual situation. At the same time, the forensic expert should be in accordance with the requirements of the judicial or arbitration authorities on time.
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