Our Country Criminal Identification Startup Power:Reflection And Reconstruction

As the core of criminal identification system, Criminal Identification start right plays an important role in criminal proceedings. Criminal identification start right is divided into identification of application rights, identification decision rights and identification option of candidates’ rights. According to the special national conditions, China’s Criminal Identification start right has a dual property in essence. Three public security organs able to open the identification procedures independently, it is the most important feature in our identification start system; and the defense neither the identification decision nor the rights of application, only has the rights of re-identification and supplementary identification for application. The design flaws of Criminal Identification start right include the following: the prosecution and the defense in imbalance; identification start rights exercise randomly and lack of necessary constraint; The defense program participation rights have been suppressed; there exist some serious problems of repeated identification and long identification. Through the review the legislation of continental law system countries such as France, Germany and the legislation of UK and United States, there are many differences between the two legal systems of countries in the field of Criminal Identification start right and also present a different level of fusion trend at this stage. On the perfection of criminal identification start right, we can draw experience and lessons from foreign advanced legislation, Specific ideas of the improvement of Criminal Identification start right as following, The first step:gradual reform, balancing the identification start right between prosecution and defense. In this step, it first should be given identification of application rights for the suspect, the defendant and counsel identification and refine the identification of start conditions, at the same time, strengthen the decision of the Court of identification,and establish mandatory identification and preparation system, to pave the way for the Unified Criminal Identification of the Court decision. Step two:the unified identification of the Court decision, and strengthen the secondary system construction. In this step it must cancel the identification decision rights of two organs of the public security, and establish a judicial review of criminal identification system. Identify associations can be established in order to implement industry self-regulation. In addition, we can strengthen the obligation of Expert Testimony and reconstruct the identification of relief system.