法庭科学DNA数据库的运用与规制
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Abstract

Under the current criminal procedure system in China,the application of DNA technology is becoming more and more extensive.The wide application of DNA technology has stimulated the construction and development of the DNA database to a certain degree.The progress of computer software,hardware and network technology provides a physical basis for the development and consolidation of the DNA database.The national big data strategy provides policy guidance for the consolidation and expansion of the DNA database.DNA database of all kinds of public security organs in our country is an important part of the country big data strategy.But there are many problems that can not be ignored and unavoidable during many years of operation.

In this paper,the DNA database is the research object.On the basis of introducing the background knowledge of the DNA database,we find the difference between the common DNA evidence and the DNA database evidence.The concept of DNA database evidence is proposed.There are two main clues in this paper.One is the use of DNA database evidence,Including data entry and storage of DNA database,Retrieval and comparison of data information from DNA database and the interpretation and use of DNA database appraisal opinion.The other is the regulation of DNA database evidence.After analyzing those problems that may arise in the process of DNA database evidence operation,the paper find a gradual and detailed management system to regulate the DNA database evidence from the two aspects of technology and law.

This paper is divided into two parts:the introduction and the main body.The main body contains five chapters.

The introduction consists of the origin of the research work,the topic selection,research objects and significance,writing background and research status at home and abroad,research method and innovation point.

The first chapter is the evidence of DNA database.This chapter is the first key object of this paper,and it is also the basis of the thesis.This chapter is divided into four sections:The first section summarizes the situation of DNA database from two aspects:the emergence and development of DNA database in China,and the history and current situation of foreign DNA database.The second section compares the evidence between the DNA database and the common DNA evidence from the evidence attribute,the evidence type,the way of evidence operation and the scope ofevidence application,so as to provide evidence theory basis for the DNA database evidence concept.The third section proposes the concept of DNA database evidence.It is classified according to the type of DNA database,the mode of comparison and the mode of action.Finally,the nature of DNA database evidence is discussed.The fourth section describes the evaluation and effect of DNA database.

The second chapter is the data entry and storage of DNA database.This chapter is the development of this paper.The first important step of the DNA database evidence is the entry and storage of the data in the DNA database.This chapter is divided into four sections:The first section discusses the input of personnel sample information,studies the comprehensiveness and accuracy of personnel information entry,and analyzes the possible problems in various aspects.The second section describes the entry of field evidence information,focusing on its influencing factors.The third section discusses the compatibility and compatibility of the database classification data from two parties of the DNA database's genetic classification access and the selection criteria of the loci.The fourth section explains the storage of DNA database data from the control and security of all kinds of data information.

The third chapter is data retrieval and comparison of DNA database.This chapter is the further development of this paper,and the second important step of the DNA database evidence is the data comparison of the DNA database.This chapter is divided into three sections:The first section discusses the restrictive factors of the function of the DNA database of public security organs of the national public security organs.The second section describes the limitations of the evidence application of Y STR-DNA database.The third section explains the lack of a search for the DNA database of trafficked/missing children.

The fourth chapter is the interpretation and use of DNA database appraisal opinion.This chapter is the last important step of the DNA database evidence.This chapter is divided into three sections:The first section discusses the production process of DNA database appraisal opinion,and emphasizes its formation link,influencing factors and the disorder of database identification documents.The second section further expounds the interpretation of DNA database appraisal opinions from the case situation and samples,related statistical concepts,and language expression.The third section analyzes and discusses the problems that often occur in the use of DNA database identification opinions by investigators,prosecutors and counsel and judges.

The fifth chapter is the regulation offorensic DNA database.This chapter is the solution to the problem of DNA database application.This chapter is divided into two sections:The first section discusses the technical regulation of DNA database.Based on the premise of comparative laboratory accreditation and qualification confirmation,it puts forward the technical regulation path of DNA database from the perspective of six core elements.The second section is the Enlightenment of the application of the DNA database in the trial stage to the investigation stage,as well as the social and ethical considerations in the process of its application.Combing the laws status of the DNA database,the paper put forward prudent legislative proposals.Combined with two aspects of technical regulation and legal regulation,it provides a systematic solution to the regulation of forensic DNA database.

Key Words:DNA Database,DNA Database Evidence,Search and Match,Identification Opinion,Regulation