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Study On The Identification System In Criminal Investigation

Posted on:2011-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:J D KanFull Text:PDF
GTID:2166360305981491Subject:Law
Abstract/Summary:PDF Full Text Request
The identification of the criminal investigation phase is one of the most commonly used means of investigation. Crime-related objects through the object that can be perceived recognition of access to relevant material, identify the cases of the real situation, determine the direction and found that detection of criminal suspects. Whether Chinese or foreign, to identify in practice, played a pivotal role. However, that identification, there are many constraints, many people doubt the validity of identification of transcripts. In addition, China's current legislative situation, the legislation provided for identification of relatively small, not only can not effectively detect the guidance of the practice, but also makes the identification of transcripts of evidence eligibility uncertainty affect their probative force, giving rise to many problems. Therefore, we need to undertake a study to identify the basic problems, enrich and develop the basic theory of recognition, improve the identification process and thereby identify the practice of scientific guidance. Full-text consists of three parts, the main contents are as follows:Part I: An overview of the basic issues to identify the system by the four elements. First, by listing several ways to define the concept of a representative and accurate definition of the concept of identification. Secondly, in recognition for the concept of identification and identified were compared. Again, according to the purpose and function of the consistency of identification are introduced to identify the functions, namely: to guide the criminal investigation, to identify facts of the case, for cases of the collection, corroboration for the follow-up activities to prepare for litigation. Best describes the psychological characteristics to identify behavior, identify the behavior characteristics and other legal acts of the difference between detection.Part II: Identification of the specific rules of procedure, consist of two elements, namely the identification procedures to identify transcripts of the related issues. The first element, in introducing the principle of the identification procedure under the premise of the rules of procedure identification obtained were asked to identify the former rules, the presence of counsel rule, hybrid identification rules, respectively, to identify the rules to prohibit the rules of engagement, timely identification of the rules and, ultimately, to identify the procedural arrangements made, respectively, before the preparation phase for the identification, identify the stages of implementation, identify the end of the stage. The second element, introduced the transcripts to identify the content and the credibility of the review to identify transcripts. From the evidence, objectivity, relevance, legitimacy to analyze the transcripts to identify evidence of eligibility. Finally, the analysis of transcripts to identify evidence of force.Part III: Identification of the complete system in China, consist of two elements, namely, our identification of its legislative status and lack of practical operation, identify the complete system in our country and re-build. First, the introduction of legislation in China to identify system status, identify deficiencies in the actual operation, as well as the actual operation of the specific cases. Secondly, the proposed identification system, the improvement of our country and re-build. Respectively, clearly identify the status of legislation, improve the identification of the rules system, and enhance the protection of human rights in the identification process, identify the transcripts of evidence attributes.
Keywords/Search Tags:Identification, The rule of Identification, Identification Conclusion, The ability of envidence
PDF Full Text Request
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