Research On The Issue Of Criminal Identification

Criminal identification is used more frequently in the criminal investigation, which has become convenient measures on investigating facts of cases. The investigators adopt the measures could speed up the rate of progress on investigating cases, confirm the suspect who implant criminal behavior, clarify the important facts of the cases and so on, Identification measures play a vital rule in practice. But identification measures will be affected by many factors. Such as the results of the identification depend on the person and his memory message, his memory message retention process will involve some instability, thereby causing identification measures having various risks in the practice. Since China's current's criminal procedure law have not expressly recognized its legal status, therefore inevitably making confused facts on its running. Compared to foreign advanced identification system, our country's identification measures give prominence to the weak institution, so this article tries to use foreign criminal identification regulation, adopt the comparative analysis of ways to integrate foreign advanced ideas and experience, put emphasis on the related issues in our country's criminal identification.This article has a total of five parts, overall take the identification procedure as a core. Partâ… : Put emphasis on the essential attribute of the identification. First use the connotation of identification on legal as based-concept to analyze it from different perspectives especially on psychological principles. Then try to interpret the essential characteristics of identification measures. primary on statutory, mandatory, diversity, and conduct a detailed classification on the object to implement, its operation and operator in the identification and so on. In the end analyze the significant value and special features of identification measures in practice.Partâ…¡: Analyze the characteristics on the criminal identification procedure. Primary on psychology and philosophy basis. on the one hand identification follow cognitive psychology recognition principle, people memories curves will follow information-aware to absorb, maintain, reproduce and recognize, on the other hand the objectivity, stability, particularity of the object of identification offer philosophical basis to identify . But the implementation of the identification will be affected by many factors, exactly which affects the authenticity and the legitimacy on the conclusion of identification, Studies have shown that a witness who has a false identification might become the main basis of erroneous judgment, dissect an identification is particular urgent because of its inaccurate. This article primary from two sides to identify the cause of the false identification: the first is to analyze the evaluator's variables which influence recognizer's capability; and the second is to analyze the system variables which construe judicial practice behavior.Partâ…¢: Explorations on the criminal identification procedure. This article will identify the procedure into the start, the preparation, the implementation and the end, not only further clear the rules of identification procedure, identify the operator in the various stages, but also grasp the permission strictly in the procedure, distinguish the task between investigators in the procedure. On the preparation procedure, put a discussion on the criteria for selecting an object, on the demonstration procedure talk on the detail about the measures of identification to implant. In the end procedure analyze the modes and content of identification record. This article put emphasis on the qualifications of identification evidence; intend to talk from relativity, legitimacy and objectivity of identification record on its ability to carry out facts, proposing it as a new type of evidence-identification record. This article is reference to American criminal identification system, which has the exclusionary rule on the illegal conclusions; try to construct the exclusionary rule in our country. Advocating in the identification process if the investigators use the obvious, unnecessary suggestibility method or there exist other serious behaviors which breach of the statutory procedures, such kind of conclusion should be excluded. And analyze the probative force of identification record from its reliability and a single conclusion should have some reinforcement.Partâ…£: Analyze the existing problems in our country's criminal identification. Through careful analyses the disadvantages of identification procedure in our legislation and in judicial practice, explore the scheme of criminal identification in our existing system. Identification procedure which in the existing legislation is mainly reflected these disadvantages: measures of identification is ambiguous on the legal status, the subject and the applicable rules are incomplete, the existing related specifications have some contradiction, and so on; in judicial practice the defects of identification are primary on: the rules of procedure are missing, the measures to implant are not have some variety, the record of making have a more casual, etc.Partâ…¤: The improvement measures on our country's criminal identification. This article primarily analyses the criminal identification from five areas to perfect, one is to unify the existing legal norms, clear the legal status of identification; the other is to refine the procedure according to practice. devise the procedure on the start, the preparation, the implementation, and the end, clear the subject of procedure in the each stage; three is to make up for the applicable rules at all stages of identification procedures, clear the running procedure, give the right to participants; four is to grant the statutory qualifications to identification conclusion, build the appropriate exclusionary rule; five is to strengthen the theory study on identification procedure, try to establish a scientific identification system, promote identification procedure for the rational and orderly running.The innovation of this article is focused on applying the basic principles of cognitive psychology system to analyze the features of procedure, not only to talk fully about the scientific and the risk of the procedure, but also to classify the risk reasons, such as evaluators'variables and system variables, try to put insight into the reasons which cause the risk. This article attempts to clear the running process of identification, devise the reasonable subject, rules, practices, etc. Finally, recognizing the risk of the conclusions combined with our experience, through criminal legislation or enacts decrees to grant the evidence qualification to identification record. Giving a suggestion on evading the risk of identification, building the exclusionary rule, perfecting the related problems in our country's criminal identification system.