Criminal Proceedings To Identify Research

Ever since a long time ago, identification in criminal action isn't really stipulated in legislation. Identification is not statutory investigation measure in Criminal Procedure Law. There are only six items in Procedure Provision by Which Organizations of Public Security Handle Criminal Case and Criminal Procedure Provision of the People's Procuratorate. The criminal investigative officers generally enforce the identification according to their departmental rules rather than the legal rules in judicial practice and the conclusion of identification also lacks of legal competence in criminal trial process, which results in many trial errors in the reality. Compare with Western Countries, especially Anglo-American Law System, system of identification in China did not meet the challenge of judicial practice, because content is rough and oversimplified. In this background, the thesis attaches importance to study on fundamental issues of identification under writing thesis of master's degree, in order to perfect the system of identification .The thesis consists of five parts.PartⅠ: The introduction to identification. Identification is a kind of investigation measure organized by the investigators purporting to require the victim, the witness or the suspect to identify the suspect c* the things in connection with or likely relative thereto, such as the items, the corpse and the place etc. Secondly, the author points out the purpose of identification is 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 in the process of the investigation and lawsuit, which include guiding criminal investigation, confirming evidence materials and being admitted into the lawsuit.PartⅡ: Implementation of identification, which is made of three sections. In the first section, firstly, organizers of identification should be investigators who are not responsible for this case and don't know the suspect in the criminal investigation section. This way is of great benefit to raise the actuality of identification and don't betray a secret of investigations. Secondly, the author expounds preparation work before identification, namely, making inquiries about the identifying people, doing ideological work, choosing proper pattern of identification, choosing foils, providing good surroundings of identification. Thirdly, the author analyzes methods of identification which is made up of identification method of person, identification of material, identification of crime scene, identification of unknown corpse. Further, the author points out the situation to which different method of identification applies. In the second section, because the procedures of identification is reflected in rule of identification intensively. It includes rule of inquiry before identification, rule of noticing before identification, rule of mixed identification, rule of identifying separately , rule of prohibiting to touch, rule of prohibiting to suggest and inquire before identification, rule of sequential lineup , rule of keeping secret of identification, rule of protecting the criminal suspect's rights, rule of stating again after identification. Each section is defined with the help of definition union of knowledge of psychology. The author analyzes meaning of each rule and elaborates reasons of being stipulated. Then, the author introduces the legislation situation about this rule in other countries. Then the author discourses considerations of this rule in the process of implementation. Finally, the author analyzes the rule of identification in China and points out the defects. In the third section, firstly, the author introduces negation theory and affirmation theory and proposes that conclusion of identification be admitted by three characteristics of proof. Secondly, credibility of the conclusion should be examined from four respects: witness, object of identification, objective condition of perception and procedure and measure of identification. Finally, its weight of proof is also evaluated. The author puts out that investigators should treat conclusion of identification carefully. Only conclusion of identification can't be as a basis of deciding on a verdict.PartⅢ: Institutional study on perfection of identification procedure in China, which is made up of two sections. Firstly, the author discusses the deficiencies of current system of identification in legislation and practice . In legislation, the deficiencies include the following: criminal procedure law in our country has not regulated identification; existing articles have conflicts with each other; rules of identification are not perfect and it is lacking in mating procedures which gives rise to difficult to operate; suspect's rights are not sufficiently guaranteed in overt suspect identification; the law doesn't endow conclusion of identification with competency of evidence. In practice, the deficiencies include the following: the situation of meeting before identification is predominant; investigators make conclusion of identification according to their wishes; rule of mixed identification is set aside; different identifying people identify at the same time; system of witness in procedures of identification doesn't carry out. Secondly, after realizing the deficiencies of current system of identification, the author proposes some suggestions which include the following: identification should be enacted in criminal procedure; rules of identification and mating procedures should be perfected; it is important to offer suspect some rights in covert identification; conclusion of identification should be admitted into the lawsuit and regulation of proof should be constructed; other mating measures also should constructed.