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Identify Criminal Record Research

Posted on:2013-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:J L GaoFull Text:PDF
GTID:2266330395488039Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
In addition to the introduction and conclusion,the thesis consisitsof four parts.The first part is the overview of criminal identification andidentification transcripts.By introducing the concept and type ofidentification,the thesis firstly defines the research range that thevictim or witness makes identification of crime suspects.Throughanalyzing, the thesis reveals the scientific basis of criminalidentification: criminal identification belongs to the sameidentification in essence;it is a mental activity about recognition.Onthe basis,the thesis points out the concept and evidential attributionof identification transcripts.It puts forward that identificationtranscripts are written records about identification process and result,that is to say, it records the whole identification.Moreover,identification transcripts should be attributed to a kind of specialoral evidence.The second part is to make identification transcripts. In combinationwith62case files from C city S district,the thesis introduces theproblems in which identification transcripts is be making.The problemsare listed as follows: the contents of identification transcripts are toosimple; identification transcripts don’t comply with legal requirementsin form;and its way of record is single.On basis of relevant experienceat home and abroad,the thesis proposes the following measures to improve:the contents of identification should be objectively reflected the wholeidentification process;identification transcripts should meet legalrequirements;and the way of record should be diversified.The third part is the evidence competence of identificationtranscripts.Firstly,the thesis introduces the value orientation ofevidence competence rules,then makes clear the evidence competence of identification transcripts in our country after elaborating the foreignrelevant system experience. It points out that, under condition of thechanging evidence competence rules,our country should execute thelimited evidence elimination based on sorts of pressure from judicialsystem and other aspects:only if illegal identification procedure hasa serious effect on the reliability of identification results,then leadsto wrong identification,the judicial authorities should negate evidencecompetence of this identification transcripts.If illegal identificationprocedure has no implication on identification result,the judicialauthorities can make its own discretion by way of synthesizing the factorsin cases,such as the degree of violating laws and infringing on rights,evidential values and so on.when appropriate,affirming its evidencecompetence is allowed,but the judicial authorities must descend itsevidential function.If the content and form of identification transcriptsdon’t meet legal requirements,judicial authorities should give theinvestigation organization opportunity to supplement.The forth part is the evidential function of identificationtranscripts. According to research results of Wells,the thesis introducesthe factors influencing identification reliability from the systemvariables and estimator variables.In reference to the feasible researchresults,the thesis discusses the review of evidential function aboutidentification transcripts: the reliability of identificationtranscripts;the adequacy of identification transcripts.Finally,in orderto enhance evidential function of identification transcripts,the thesisputs forward two measures to improve:to lift legislative level and perfectidentification rules; identifying people appearing in court as a witness.
Keywords/Search Tags:oral evidence, evidence competence, reliability
PDF Full Text Request
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