On Criminal Identification System

Identification, as a measure of criminal investigation ,is regulated detailedly in other countries, which is not included in our country's criminal procedure code. In many countries, it is not rare to have cases misjudged because of the wrong identifications in the criminal procedure, from which the importance can be seen of the correct identification. This thesis has laboured on the institution of identification, the role of law of evidence in the view of procedure and the disfigurements in the judicatory practice to enrich the basic theory of our criminal identification system. This thesis consists of four parts.PartⅠ: The introduction to identification. It includes three sections. First of all, it is to define the system, analyzing the regulation in laws and that by scholars. After that, it gives the attribute of the system by the way of the psychology and the law, and classifies it by the sorts of standards into the identification by attesters, that by the injured party and that by the crime suspected, the public identification and the secret identification, intermixed identification and the single identification, direct and indirect identification, static state identification or dynamic identification. At last, it gives the clear definitions of the subject and the object in the procedure.PartⅡ: the review of the identifications systems in the two legal chains countries from the point of the procedure, which is developed by what in Britain and the USA, the typical countries of the common law. As for the former, the classifications and its rule, as for the latter, it focuses on the constitutional rights that can be invoked by the accused in the line-up , show-up ,photographic identification. After that, it reviews the systems in the continental legal system countries or areas such as in Russia, Italy and Macao special administrative region of China. On the above basis, it gives a conclusion that a gap exists in the two legal systems countries or areas after comparisons.PartⅢ: the theoretic analysis of the identifications, which consists of two items. One item is to expound the common rule, including enquiry before the tribunal advocacy and representation after it, corresponding amount rule, no meeting before the tribunal advocacy, right to counsel rule, separate identifying rule, etc. Then it expounds the location of the law of evidence based on the analysis of the evidence competence and the testify. As for the evidence capability, this thesis develops it from its characteristics of objectivity, relevancy , and legitimacy, pointing out that the identification conclusion should have evidence qualification, also about the exclusion of the illegal identification conclusion, emphasizing particularly on the analysis of the hint identification and the repetition identification evidence. As for the probative force, this thesis develops from the identification conclusion's creditability, relevancy degree, from the identification subject, identification object, the identification course, and their colligation with the other evidences narrates the standards of checking up the identification conclusion creditability, and herewith, bringing out the complementarily attestating rule. Atlast ,this thesis expounds the carrier of the identifications conclusion------theidentification notes' facture, and points out that a qualified identification note should include the detailed notes of the different phases .PartⅣ: the disfigurement and perfections of the identification institution in our country, for which it points out the steps and measures. In this part, the disfigurements are revealed in the legislation and the practice, including the chaos in the legal practice and the illegibility of the examining and approving bodies, the conflicts of the related regulations, the serious defection of the rights preserved for the suspected and the lack of the clauses or regulations. Then it brings out the suggestions to perfect the institution from the aspects of legislation, the system of the identifications rules, rights preservation. And this thesis specially points out we should regulate it in the criminal suit code.