Research On The Reform Of Our Criminal Identification System

Justice identification is one of the identification methods, which is commonly used in modern justice identifying activities. It plays a crucial role in finding out the truth of the cases, especially in the criminal procedure, since the result of the identification commonly decides whether the defendants are guilty or not, and decides the level of the guilt also, if the defendants are guilty. Therefore, it is should be the original intention of the establishment of the criminal identification system to guarantee the defendants gain just judgments by operating identification process scientifically and fairly. In order to guarantee the justice of the judicial identification, the equal right of participating, to some extent, should be ensured to be enjoyed by the defendants. However, there exists too much blank of protecting the defendants' rights in present criminal identification system, which is needed to be reformed.The reform of the national criminal identification system will be discussed in the following aspects in this dissertation, which includes four parts.Part 1, the introduction of identification system, simply introduces the basic theory of justice identification which was redefined based on The Decision about The Management of Judicial Identification Made By Standing Committee of National People's Congress.The constitution of basic legislation in the national justice identification system will be introduced generally according to the definition of the relationship between the justice identification system and the defendants. Part 2, The drawbacks of the justice identification system in protecting the defendants' rights are pointed out by analyzing its problems existing in the regulations and the practical operations. First of all, the neutrality of the investigative identification organization is hard to be ensured, according to the subject of identification because the low qualification of the identifier defined by the legislations and the regulations. Furthermore, the rights of the defendants lose balance in the starting process of identification. Lastly, the system of identifier to give evidence on court is not good enough, and the testifying rights of defendants are not ensured.Part 3, according to the problems in the criminal identification system, bringsup the ideas of the reform--changing the orientation of the identificationdepartment in the investigation institute based on just identification and security of defendants' rights, regulating the management system of the identification-maker's certification further strictly, improving the identification start right in identification start process, perfecting the system of identifier to give evidence on court, guaranteeing the testifying rights of the identified result.