Author(s)

Jiang Na

College for Criminal Law Science, Beijing Normal University, Beijing, China.

The article will critically examine the fundamental flaws that have been newly discovered from the “latest” case studies. In recent decades, numerous miscarriages of justice have occurred in China mainly due to the insufficient or improper use of forensic evidence. Comments on the “latest” flaw will start from an overview of the notorious wrongful conviction in Case ZHANG Gaoping and ZHANG Hui whose exonerations in 2013 were based on the proper use of forensic techniques such as DNA testing. The case highlights the injustice that results when forensic evidence is ignored in favour of wrongful confessions extorted under police torture. It has been suggested that China’s several waves of forensic science reform cannot lead the current forensic identification to objective, fair or reliable forensic evidence. The “latest” founded flaw entrenched in its forensic system failed to be solved by technical, financial, administrative or legal progress only. In essence, the 2005 reform on forensic identification is flawed to its core, albeit being recently identified. This is primarily because in law forensic experts inside police can conduct identification to provide forensic evidence on cases investigated by police, which cannot ensure necessary check or balance to prevent or reduce forensic errors in practice.

Forensic System, Critical Comments, The Latest Case, Flawed Reform

Jiang Na (2014) China’s Forensic System: Critical Comments on the “Latest” Flaw. Chinese Studies, 3, 96-99. doi: 10.4236/chnstd.2014.33013.