Research Of Identity Self-reported By The Criminal Suspect In Criminal Proceedings

In judicial practice, the problem of self-reported identity of suspects is becoming increasingly prominent. The phenomenon of fake identity of others brought many legal problems demanding prompt solution. Meanwhile, the detention of criminal suspects according to China's Criminal Procedure Law on the issue of identity self-report is only a general provision, this provision can be easily used investigating authorities and cause extended detention of criminal suspects, thus seriously violate of the suspect's rights of freedom.This paper attempts to conduct a comprehensive analysis and discussion based on the following problems:the concept and reasons of the identity self-report of the suspect, and the burden of proof should be borne by the prosecution to prove the identity of the suspects; experiences and practices of the use of the right to silent, pretrial custody system and improvement of the household registration management system in developed countries to solve identity self-report of the suspect, as well as China's relevant provisions of solving the problem of the detention of criminal suspects concerning identity self-report and the violation of the legal principles. Thus provide theoretical support to solve the problem of the detention of criminal suspects. Full text is divided into four parts. a total of over three thousand words.Section One This section discusses the concept and cause of identity self-report of the suspect and the relationship between identity self-report of the suspect and the burden of proof.Section Two This section discusses the settlement of the problem of identity self-report of the suspect in developed countries. This section explores this issue mainly from improvement of the system of the right to silence and pretrial custody system.Section Three The third section gives a brief discussion of the principle of presumption of innocence, procedural justice, the principle of proportionality, power constraints principle, the principle of judicial. Concludes that self-reported self-identified the suspects detention period for the calculation of is in breach of these principles. Section Four This section explores the solution of the problem of identity self-report of the suspect based on the following:gradually introduce the right to remain silent and the system of detention pending system combined the national situation, strengthen the population management and the detective agencies should continuously improve the collection to confirm the true identity of the suspects in the evidence of the initiative in the interrogation process. Thus proposes relevant legislative proposals.