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Detection Identification Of Basic Research

Posted on:2005-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ZhengFull Text:PDF
GTID:2206360125451905Subject:Litigation
Abstract/Summary:PDF Full Text Request
As a measure of criminal investigation, identification in criminal investigation involves multiple discipline domains. The thesis attaches importance to study on fundamental issues of identification in criminal investigation under existing conditions that research into investigatory system upsurges, in order to enrich and develop its basic theory, scientifically guide the practice of identification and perfect the system of investigative identification in our country. The article consists of three parts.Parts I : The introduction to identification. It includes four sections. First of all, on the basis of evaluation on existing concept of investigative identification, the author defines it correctly. After that, the author analyzes main elements of investigative identification, elaborates characteristics of its and compares it with expert evaluation. Secondly, based on dialectical materialism, the author ascribes scientific basis to the nature of object, which is particularity, stability and reflecting. Sequentially the article analyzes psychological mechanism of identification from viewpoint of psychology. Thirdly, the author points out the purpose of identification is to examine whether the object of identification is relevant to the case or not, to find out where it comes from and to find out the truth .In sum, all these aim to make preparations for legal procedure. The author also explains the functions of identification, which include guiding criminal investigation, confirming evidence materials and being admitted into the lawsuit. Finally, according to various standards the author classifies identification into overt identification and covert identification; still identification and mobile identification; direct identification and indirect identification; mixed identification and single identification; victim identification, eyewitness identification and suspect identification; identification of person, identification of materials and identification of site.Part II: Implementation of identification and application of itsresult, which is made up of four sections. Firstly, the author expounds procedural requirements of implementing identification including legality, suitable opportunity, timely and right to protection. Secondly, the author analyzes the implemental rule of identification. It is indispensable to observe the following rules: inquiry before identification, notice before, identification, mixed identification, separately identification, no touch, no suggestion and inquiry again after identification. Thirdly, implemental methods of identification are introduced. It is pointed out that organizer of suspect identification should be the investigators who are not responsible for this case and don' t know the suspect. The author expounds necessary preparations before identification and analyzes methods of identification which is made up of identification method of person, identification of material, identification of crime scene, identification of unknown corpse. Finally, the author explores the examination and application of conclusion of identification. Credibility of the conclusion should be examined from four respects: witness, object of identification, procedure of identification and other relevant evidence materials. The thesis emphasizes several respects that should be paid attention when applying identification conclusion in investigatory practice. The author proposes that conclusion of identification be admitted by virtue of objectivity, relevancy and legitimacy of it. Its weight of proof is also evaluated.Part III : Institutional study on perfection of identification procedure in China. Firstly, after analyzing current system of identification, the author discusses the deficiencies include the following: criminal procedure law in our country has not regulated investigatory identification; rules of identification are not perfect and existing articles have conflicts with each other; suspect' s rights are not sufficiently guaranteed in overt suspect identification; Admissibility of identifi...
Keywords/Search Tags:Identification
PDF Full Text Request
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