The Evidence Application Of The Criminal Identification Record

The Criminal identification is the important method that the investigators use it to investigate the case in the criminal proceedings. And the identification record is the specified form to record the result of identification, in the mean time, it plays an irreplaceable important role in maintaining the facts of the case. However, owing to the error of the identification record, there are lots of wrongful convictions in the judiciary territory of many countries, so the identification record is very important. Although as a legal evidence the identification record is confirmed by the Criminal procedure law of the People’s Republic of China, the absence of the coordinated system and the disorder of the actual operation directly influence the identification record’s effect and the legal value. In this article, by means of the comparison of the identification record in two law system, I want to discuss the present situation of the identification record and analyze the identification record. Meantime I want to definite the correlation rule of the procedure of the Criminal identification and improve the judicial review of the Criminal identification. Then, it can improve the legal value of the Criminal identification and preserve the legal justice. The article contains four parts.In the first part, I mainly analyze the basic theory of the identification record, including the legal definition of the Criminal identification and character of the Criminal identification. Firstly, I decipher the different definition of the identification record, then on this foundation, try to define the identification record. Next through three aspects which are the rhetoric of the identification record, the procedure and entity’s supporter and the unreliability of the rumor to analyze the identification record’s characteristic.In the second part, I mainly analyze the different countries’ application of the criminal identification from two parts which are Anglo-American legal system and the continental legal system. Between the two legal system, regardless of the cultural background、the litigation consciousness or the concept of law value、the theory of the law、or the legal practice, they all have the big difference. So, the comparisons of the identification record from the two legal systems, I mainly study these aspects which I referred to.In the third part, I mainly expound the present situation of the identification record in our country, includes two aspects which are the legislation’ situation and the defect of the application in the identification record. In the legislative aspect, the identification record has just in its infancy, and corresponding measurer are far from perfect, further more the staff’s operation is randomness. Each of them will increase the occurrence of the wrongful convictions, and adduce the value of the identification record.In the fourth part, I mainly expound the suggestions that the identification record is used in our country. Firstly, we should consummate the relevant regulation of the identification record’s procedure. Secondly, after comparing the other country’s relevant experience, we should establish a suit of our own examine and assess system. Lastly, from the four aspects which is the defence witness’s evidence confirmation, the psychologist’s witness system, the illegal evidence exclusion’s regulation, strengthening the regulation of the evidence we can use them to improve the corresponding measures, in order to make a further improvement in the identification record’s value.