On The System Of Compulsory Identification From The Perspective Of Criminal Proceedings

In recent years, along with the vocative Hu Ge Ji Le Tu unjust killing case and a series of major miscarriages of justice in criminal public concern in major criminal cases, the relationship between life and people, criminal identification has become a key decision evidence of criminal suspects and defendants, criminal responsibility. Examine the formation path of vocative Hu Ge Ji Le Tu injustice and a series of miscarriages of justice, we should reflect on how to establish a more direct and effective to prevent miscarriages of justice in criminal judicial system under the existing system. In view of the criminal justice system error correction function of current limitation, identification of the right configuration of the situation of imbalance, the author thinks that in our country the criminal law should not only gives the parties the rights to request identification, and shall construct the criminal compulsory identification system(it is very urgent and necessary). However, at present academia is lack for the construction of the system of criminal compulsory identification of specialized, detailed demonstration.This paper first summarizes the previous academic point of view, and to learn from foreign comparative method and consider the basis of Chinese practice of criminal identification, according to the relevant problems of the construction of criminal compulsory appraisal system has carried on the profound analysis, in order to reform the criminal identification system in the future to be able to have the enlightenment. The text is divided into five parts:Part one:Through the in-depth analysis of the Hu Ge Ji Le Tu vocative case, summed up the important reason of criminal miscarriages of justice occurred frequently and caused on the compulsory criminal identification system.Part two:Analyses the differences and the relations of the two kinds of "compulsory identification" mainly, and stresses that this" criminal compulsory identification "refers to "the legal procedure of compulsory identification " which can also be called" the legal identification".Part three:After investigation and analysis of the law of criminal identification startup procedure in our country, from the practice of criminal identification, criminal litigation mode, the extraterritorial criminal law from three perspectives to demonstrate in our country to construct the necessity of criminal compulsory identification system.Part four:Compulsory identification system based on investigation and analysis of developed countries of continental law system countries and regions, from the two aspects of substantive and procedural rules to demonstrate how to build our country’s criminal compulsory identification system. This part is the core of this paper.Part five:The reflection on the construction of institutional barriers of criminal compulsory identification system may exist in a wide field of vision.