The Research Of The Evidence Ability About Criminal Identification Record

Criminal identification is often used as an important way of investigation in the practice of criminal justice, and criminal identification also could provides a strong help in confirming investigation direction, targeting the suspects in the criminal investigation work. As a carrier of the records about the process of the criminal identification and the conclusion of the criminal identification, the criminal identification record could play a very important role in proving the fact of the criminal case. Therefore, the China’s "Criminal Procedure Law" which revised in the year of 2012 defined the criminal identification record as one kind of evidence, and the criminal identification record has the value which the evidence to the criminal case should have.The special features of criminal identification decide the evidence ability of the criminal identification record, and the study which is to the record evidence,ability of the criminal identification must be on the premise of the study of criminal identification. First of all, criminal identification and criminal identification record have been carried on the basic theory of the interpretation: the concept of criminal identification are explained from the criminal identification subject, criminal identification object and the purpose of criminal identification, and the criminal identification are classified in different kinds according to the different standards from the criminal identification; On the basis of the analysis of criminal identification, the concept of criminal identification record is explained in detail in the four aspects:the subject who is identify the production of criminal identification record, the content of criminal identification, the form of criminal identification record and the criminal identification shall be conformed to the requirements of the procedural, And it is concluded that the meaning of criminal identification record is the objective record about criminal identification process and results which is written by investigators or prosecutors according to the provisions of the law, and record of criminal identification is divided into positive criminal identification record and negativity criminal identification record except the criteria for the classification of criminal identification which is based on classify criminal identification record. And then on this basis, it is concluded that the relationship between the criminal identification and identification of criminal record:Criminal identification is the premise and foundation of criminal identification record, criminal identification plays an important role in ensuring the evidence ability of criminal identification.There are various reasons which could explain the criminal identification record is provided with the criminal identification record. On the one hand, criminal identification record process the evidence ability because of its legislation necessity: one is in order to prevent the wrong criminal identification record cause heavy miscarriages of justice and realize the procedural justice, it is necessary to legislation to regulate the criminal identification record, because of its extensive use in the in the judicial practice. The other one is if the criminal identification record is classified to other kinds of evidence, it can cause infringe upon the victim、 the witness、the criminal suspect’s legal rights and affect the authenticity of criminal identification record recognized hazards as a result of the criminal identification record has the characteristics which is different from other kinds of evidence. So the criminal identification record is classified to the independent type of evidence and could have the evidence ability by the law, rather than the other types of evidence. On the other hand, criminal identification record has the evidence ability as a result of the criminal identification record has the following elements of the evidence: relevance、 legality、objectivity. Criminal identification record has relevance because of it have substantial and demonstrable which is related closely to find out the fact to be proved of the case. Criminal identification record has legitimacy because the law made specific provision which is about criminal identification procedures and criminal identification record in our country, and the criminal identification record meets the demands of legitimacy. In the reason of criminal identification record’s objective documentary which is about identifying conclusion, criminal identification record has objectivity. And in order to ensure the objectivity of the results, the criminal identification procedure is regulated by making to identify the rules.There are a lot of factors which could affect the evidence ability of the criminal identification record in the three stages: before the criminal identification, criminal identification stage and criminal identification record production stage. The influenced factors of the stage before the criminal identification including: age, gender, mental state, the role which Identify people play in the litigation, the exposure of Identify object, whether the exposure of Identify object is unique, the severity of the crime, the natural environment when Identify people access the information about the crime and so on. The influence factors of criminal identification stage including: the influence factors about the identify people、the investigators or prosecutors who host the criminal identification and the witness who witnessed the crime, the number of foil object and similarity in the criminal identification, the appearance changes of identify object and so on. There are several factors which could influence the evidence ability of criminal identification record in the criminal identification record production stage, including: the content of the criminal identification record is not perfect, criminal identification record is not product in time and the form of criminal identification record is illegal and so on.In order to reduce or solve the influence on evidence ability of criminal identification record which is caused by the above factors and problems, the author make up such solutions to solve the influence which is caused by the above factors and problems, in combined with the existing theory achievement and foreign experience: carry out the asking rule before the criminal identification and the rule which about the start of criminal identification is should be regulated; carry out the double-blind identify rule, perform the system of witness firmly and refined hybrid identification rules; we also should insist on comprehensive principle, realistic principle, timely principle and principle of legality.