Research Of Recognition In Criminal Investigation

Criminal identification as an investigation measure is frequented in China. Its psychological processes include perception (i.e. the witness percept s the relevant persons, things, and situations before the crime, during the crime and after the crime), memory (i.e. the images are formed in the witness'brain), storage (i.e. the related memory is being kept, lost, supplemented, and disremembered), recollection (i.e. the witness is asked to recollect the related persons, things, and situations perceived), re-perception (i.e. the witness makes a purposive perception about the identified figure), comparison(i.e. it is to compare the features with those in the witness's brain),and judgment(i.e. the conclusion is made). This identification makes it possible that is to discover the criminal suspect, and make sure the criminal, his (her) criminal actions, the identification of the victim, the relevant things and situations.To normalize the criminal identification, the foreign states with an adequate legal system have formulated lots of rules on this identification. That are as follows:firstly its organization must keep a neutral stand in identification; secondly the dynamic identification parade enjoys the priority to make sure the accuracy of the result; thirdly the respective identification and the mixed one is demanded to observe, and both of them are under strict demand; fourthly guaranteeing the identified persons' rights is implemented by endowing them the universal rights.In China, although the rules in those normalization fields about the criminal identification have been made out such as the Public Security Handle with the Criminal Case Procedure Stipulation, People's Procuratorate Observe Criminal Procedure Rules, and Rules on Investigating and Judging the Proof of Capital Cases, and so on, there are defects in some raw rules.On the types of identification proof, the present study proposes that the conclusion of identification containing the witness and the victim should be dealt as an independent proof. The conclusion of identification made by the criminal suspect should be considered as his (her) testimony. The present study states the investigation and identification process, its subject and its object to systematize the methods of its conclusion to make sure its power.At last, the study makes some suggestions to perfect Chinese criminal identification rules, such as to strengthen the legislation on the identification measures, clarify its role in legislative investigation measure, perfect the identification rules, formulate the appropriate its operation procedure, classify the type of its proof, and so on.