Identification In Criminal Procedure

In the criminal justice activities, identify is an effective method to ascertain the facts of the case. But it is also a evidence investigative measures that easily lead to erroneous judgment. Since ancient times, according to the Error identification from victims or witnesses, miscarriages of justice are countless. But for a long time, China’s legislative docs not attach great importance to identification system in criminal procedure. The current Criminal Procedure Law does not take identification as statutory investigative measures. Criminal Procedure Amendment, adopted on March14,2012, only take identify record as legal evidence. The stipulation about identification operating procedures is provided for the principle by six provisions in the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs and the People’s Procurator ate Criminal Litigation Rules. And two provisions there arc inconsistencies between the individual provisions. This allows identification activities in the judicial practice lack of reasonable regulation in the long term. The Provisions on handling death penalty cases reviewed judgment evidence implemented on July1,2010for the first time provided the problem to review the identify conclusion, which moves an important step to improve criminal identification system of rules. However, some of content of science and rationality has yet to be explored. China’s recognition system not only is inadequate legislation, but also deficiencies in the actual operation and approval of supervision. After a comparative study with the Western countries, in particular the common law countries, China’s Criminal Identification System has the disadvantage of simple lines, rough content and structure missing, incompatible with the needs of the judicial practice. From the current study situation, our experts and scholars over the years focused studies about identify issues on how to improve the accuracy and efficiency, while insufficient research to identify the legal regulation. In view of this. This article take identification in criminal procedure as the object of study, and make a systematic study on a range of issues from the principle to the specific operation, from how to regular the identify activities at the investigation stage to how to review identification conclusion in the trial phase and so on.This study is divided into three parts.The first part is overview of Criminal Identification. In this section, the concept of criminal identification is defined, its characteristics are analyzed, its principle is inquired, and the criminal identification is made meaning different classifications.The second part studies the implementation of the Operation of the criminal identification process. In this paper, it launched four issues to criminal identification implementation of the start procedure, preparation, implementation and end. In the start procedure of identification, this article discusses the determination of the approval of the principal and the establishment of rules about starting. In the preparation procedure, this article discusses determination the subject of preparation, the preparatory work before the implementation of identification, the establishment of preparation rules and requirements for foil object selection. In the implementation procedure, this article discusses the determination of presiding officer to identify, Selection the method to identify and the establishment of implementation rules. In the end procedure of identification, firstly, identify production requirements to the identification records arc discussed. Secondly, qualification of evidence to identification conclusions is studied. And finally it explored the review to credibility of the identification conclusions.The third part is the improvment of criminal identification system in China. Firstly, from the legislative level, operational level, the approval of the supervision level the paper researches defects of identify system of our country, then puts forward countermeasurcs and suggestions to improve the identification system of our country.