On Legislation Feasibility Of The Site Identification

The site identification or identify the scene is one kind of widely used investigation measures in the current field of criminal investigation. It is an investigation measure that investigator command suspects to recognize the crime place and the criminal process as well as other crime-related place, collecting criminal evidence, clarifying the indefinite crime.The whole site identification process is recorded or fixed with written record, photo, audio or video recording.In China, the site identification has not been confirmed by law and it only exists in judicial process. The teaching type of "the old imparts to the new" is inherited. Besides, the case of earliest site identification can not be searched. Written record is consisted in some case, fragmentary discussion of law thesis. There are relevant provisions in China’s Taiwan laws, but the identification objective is limited to people, objects (tools, remnants), the site and the process not involved. Searched the law of Hong Kong and Macao as well as foreign country, it refers that the suspect criminal has the rights to keep silence, which is not applicable in site identification, so do in civil law countries.In practice, there are three different views referring to the site identification. Firstly, the site identification belongs to the statement of suspect criminal. Stating the location is not in the public security organs, but at the scene of the crime and other places associated with the scene, which should be classified as the interrogation of a criminal suspect. Secondly, the site identification is the supplement of scene, which is considered as the inspection, review and named scene investigation. Thirdly, the site identification is scene recognition. Although the above three kinds of view are rational respectively, they don’t cover all the connotation of the site identification, to some extent, not accurate.Therefore, we analyze the reasons of above problem. On the one hand, lag of China’s criminal legislation causes that some widely used investigation measures can not been legal confirmed timely in the field of criminal investigation. Another, the lack of the criminal investigation research results in some illegal investigation measures.In this thesis, author analyzes and researches the present situation in terms of the site identification, putting forward to legal opinion and suggestion to solve the site identification.First, the connotation of the site identification is redefined, which clarify the concept and applicable rang. Second, criminal procedure law is revised, which ensure the validity and significance of site identification.