The Positive Research On Criminal Identification

It is stipulated precisely in the law of criminal procedure of 2012 that the identification of transcripts is one of the evidence but it has not formulated concrete identification procedure. The fact that rules of identification procedure in related laws are simple and crude can’t conduct and bound the investigative practice and provide right protection for plaintiffs in the procedure of identification. The embarrassing appearances of the return of the dead warn that it is necessary to pay high attention to identification which is widely used in the investigative practice yet can’t be ruled effectively. This paper is written from the empirical view to observe the operation of identification and analyze the existing problems and reasons in the implementation process and then present perfect suggestion to exert the function of identification better by drawing the mature experience of foreign countries.This paper is divided into three parts and about 30,000 words except the abstract.The first part observes the operation situation of identification system. Combining with the interview of investigators of public security, drawing 276 samples randomly from 810 cases in the procuratorate of C Distract, A city in the first half year of 2014 show that the identifications apply in all kinds of cases mainly focusing on the identification of witnesses to suspects and the mutual identification of suspects. The process of identification as follows:(1) Identification is usually directed by the undertakers of the case.(2) The inquiry before identification cannot be used alone and it is usually inquired simply according to the verbal evidence provided by witness.(3) The times of notification are little and the content is simple before identification.(4) The mixing identification is driven by photos and mainly thinks about convenience and rapidness and ignores the similarities of foil object.(5) In the process of identification, the director usually drives the conclusion of identification by speech and behavior. After identification ends, the record of identification is usually used written form as carrier and puts down the process of identification briefly and then attaches the photos and ID information of identification objects.The second part analyze the problems and causes of identification in the process of operation. There are a lot of problems in each section of launching, implementing and ending. In the launching section of identification, it is easy to bring about misusing of identification measures in the practice because of obscurity of the identification launching standard. The problems in the section of identification implementation as follows:(1) The cases are driven by persons who know the details of cases, which are likely to guide and suggest identification people. The simple and crude inquiry and not centering on perception, memory and representation stage of identification person may influence the accuracy of purposeful inquiry.(3) The notification before identification is casual and has not followed notification before identification begins. What’s more, the problems like loose notification content, paying less attention to the protection of suspects’ right and lacking the remind that suspects may or may in the identification objects exist in this section.(4) The mixing identification is unpractical and the selection of foil objects highlights suspect improperly.(5) The behaviors of directors are non-standard and haven’t observed the requirements of passive identification. Investigators view identification as going through the motions because there are other evidences showing the suspicions of suspects. Owing to the closure of identification procedure, the director can drive the trend of identification. The identification record in the section of identification ending, the content is too simple and the way of recording is too single to provide enough information about the felicity, validity and accuracy of the identification for Judicial and defender’s investigation. The design of identification procedure tends to exercise the investigative right effectively to guarantee the achievement of crime control while it ignores the protection of suspect’s rights.The third part focuses on the problems in the identification practice and present suggestions about improvement of identification system according to judicial conditions and institutional environment of our country combining with mature experience of foreign countries. First, in the section of identification launching, it should not only fulfill the possibility but also satisfy necessity. Second, in the section of identification implementation,(1) The identification is directed by persons who are not take part in investigating cases to realize the separating of directors and case undertakers.(2) It is important to enrich the inquiry before identification. The way of inquiry should not only pay attention to guide witness’ s memory but also avoid interfering witness’ s memory because of improper ways. The content should be inquired in detail focusing on characteristics of identification objects and elements that influence accuracy of identification.(3) The notification should be thought highly of. Witnesses and suspects should be told the related rights and obligations. It is necessary to remind that the suspect may or may not in the identification objects. Both the identification of suspects and the protection of innocent person are important comparably.(4) The mixing identification should be improved. It is important to make sure both enough quantity and reasonable similarity. Under the circumstance of emergency, having no similar object and “just happening”, using other ways are acceptance.(5) The behaviors of directors can be ruled by establishing right of lawyers-on-site and enforcing witness system. Last but not least, in the section of identification ending, the making of record should be improved. It is important that content is fine and comprehensive and the recording ways should be diversified.