On Criminal Identification

As one of the identification system of criminal litigation system in the early detection of cases, and later accused of the crime process plays a great role. In cracking the case, due to identify measures against suspects identification function, and a lot of investigation measures are identified to carry out, such as questioning, wanted suspects, search for the crime suspect body and place attachment, seizure, criminal suspects involved measures such as establishing items are first identified the suspect before the implementation of, and identify measures have identified the suspect this function. In addition, identification transcripts as direct evidence of ’criminal trials, particularly in the victim does not know the suspect but can accurately identify the suspect cases, once the victim identified the suspect, the suspect ’s luck collapse of itself, can not only make the crime suspect to confess executed, but also conducive to the trial of cases after the implementation of. As can be seen, not only in the investigation stage of criminal identification has a higher value in the investigation, trial and execution also has a larger final value.The identification system of great value in its decision of criminal procedure in an important position, but the identification of the activity itself has the characteristics, and determines the necessity of regulation of identification procedures. Regulation of identification procedures, not only from the psychology the whole recognition procedure rationality norms, should give from legal level balance standard. In psychology, identification procedures must comply with the requirements to identify, to ask, prohibit hint, identify, hybrid identification technology requirements; in the legal level, from the identification program, recognized human rights protection and identify the supervision procedure three aspects to balance, prevent illegal recognize violations were identified for human rights. Identification procedures of identification conclusion reasonable regulation in order to ensure objectivity system provides the security, and to identify transcripts scientific review to curb the occurrence of a trumped-up case provides a mechanism to guard against, they constitute a criminal identification system important content. Exist in judicial practice in China to identify conclusions examine lax, credulous of identification conclusion phenomenon, leading to an erroneous identification conclusion was accepted, as the occurrence of a trumped-up case laid down the foreshadowing. Therefore, the urgent need to establish a set of scientific identification transcripts review mechanism, identification transcripts examined not only to comply with the evidence of the "three " review mechanism, and to identify transcripts also follow the identification evidence corroborating rule, the exclusionary rule of illegal evidence.At present, our country criminal identification system legislation and judicial interpretation of the basic law lack appeared confused grim situation, where justice is to appear more " weight detection value, light up the value of serious trend, these are not conducive to China’s criminal identification system of scientific development, the urgent need to establish a scientific and rational criminal identification system identification system, play in the process of criminal procedure of the tremendous role. Justice and efficiency are developed in any litigation system to pursue the value orientation. Our country criminal identification rules of construction, should be to find a balance between fairness and efficiency, in finding a suitable point between theory and practice, fumble give to accord with our country national condition and the legal road with Chinese characteristics. On the criminal identification legislation, to strictly comply with the rules of identification on the legality of criminal identification; in class, try to identify species diversity; in criminal identification procedure rules of procedure, to science; in criminal identification mechanism, adhere to identify system; in criminal identification conclusion, attach importance to identify transcripts evidence of. In legislation, to closely to construct a set of systematic recognition system, in the judicial identification, to strictly comply with legal system, ensure the system to serve the judicial practice, give full play to its function and value.