Legal and Ethical Issues of Gene Technology in the Evidence Collection Process of Criminal Proceedings

Yi Sun
School of Law, People’s Public Security University of China, Beijing, 100038, China
Pinze Zhang
School of Law, People’s Public Security University of China, Beijing, 100038, China

DOI:https://doi.org/10.5912/jcb1819

Abstract:

In this paper, firstly, on the basis of human nature, the factors influencing the legal ethics of criminal prosecution are studied and explained, and the mechanism of ethical consensus generation is proposed. Secondly conducting DNA forensics in criminal litigation is not accomplished by DNA full sequence matching, but by calculating the random matching probability and likelihood ratio of DNA to achieve DNA identification forensics in criminal litigation. Then, we conducted a study on the satisfaction and cooperation of Chinese litigators in the exercise of various rights, so as to understand the current situation of Chinese criminal litigation and further analyze the application of genetic technology in criminal litigation forensics. The results show that even though DNA identification opinions are so accurate and reliable, there is still an error rate of 1% to 2%. Therefore, a reasonable treatment of the uncertainty and reliability of various types of scientific evidence is more in line with the urgent need for scientific evidence in the current criminal litigation forensics.