Researching On The System Of Our Country's Criminal Identification

Ever since a long time ago, identification in criminal action is not really stipulated in legislation. Now there are only six items in Procedure Provision by which Organization of Public Security Handle Criminal Case and Criminal Procedure Provision of the People's Procuratorate. They are not only thick but simple. The criminal investigative officers generally enforce the identification according to their departmental rule rather than the legal rules in judicial Practice and the conclusion of identification also lacks of legal competence in criminal trial Process. In view of these questions, this article has conducted the research to our country's criminal identification system. I hope it can make the contribution to our country's criminal identification system's consummation. .The thesis consists of three Parts.PartⅠ:Identification implication and lawsuit function. This part mainly has carried on the limits to the identification implication, 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 has made the explanation in the lawsuit stage function. The identification lawsuit function mainly has two: First, the identification conclusion may verify with other evidence; Second, it may take the evidence use in the trial stage.PartⅡ:Our country criminal identification system's present situation and existence question. This part first has carried on the explanation to the identification legislation and the judicial present situation. Through to legislative and the judicial present situation's research, We may discover that our country identifies the question which exists in the legislation mainly to have: Identification in criminal action isn't really stipulated in legislation; The Public security organ and Procuratorial agency's stipulation existence is contradictory; The Public security organ and the Procuratorial agency are imperfect regarding the identification system's stipulation ; 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. Identification existence above many questions, already serious influence identification value realization.PartⅢ: After realizing the deficiencies of current system of identification, the author proposes some suggestions which include the following: Firstly, identification should be enacted in criminal procedure, we should enhance the legislative level of the identification; Secondly, rules of identification and mating procedures should be perfected; Thirdly, it is important to offer suspect some rights in covert identification; Fourthly, Increases the way of identification and make the suitable condition of it. Legislates should record the video identification and scene identification. The above kinds of measures can cause our country's identification system to go out the difficult position. And display it to investigate again truly the tremendous role.