The Study Of The Investigative Identification Procedure

In the criminal procedure, investigative identification is a commonly used mean of investigation. Whether the procedure is reasonable and specificative, it directly affects the accuracy of the result of identification,the more important is related to the quality of handling cases of the investigation organ and the personal rights of criminal suspects.China’s latest revision of "Criminal Procedure Law" will recognize the identification of transcripts as legal evidence, which is a great progress in the identification, but there’s no regulation to make identification as investigative measure; however, there’re some judicial interpretations only in the "People’s Procuratorate Rules" and "Criminal Litigation for the Public Security Organs within Judicial Interpretation Provisions" criminal procedure. Although the two departments has revised the judicial interpretations, and that’s a great improvement, but there’re still some loopholes, such as some articles are too simple and crude, a lot of inconsistencies of contents of the two department. In that the justice of law includes the legislative justice and judicial justice two aspects, and the former is the foundation of the latter, if the former is not standard and not perfect, it will directly affects the effect of judicial justice. Therefore, it is necessary to combine with the newly Revised Law to do a deep discussion on investigative identification procedure.Identification process is the same with psychological process identification, it will inevitably be affected by many factors, such as the subjective factors, which include age, gender, pressure and so on; the objective factors, which include the degree of nudity, identifying whether the object is unique or special, identifying the object appearance changes, like weather, light and other factors. Because of the above factors, identification errors are inevitable. Thus, it is necessary to explain for these factors which influence the identification deeply, to remember these controllable and uncontrollable factors in the heart, and to seek the way to improve the accuracy of identification and prevention of errors, so as to reduce the errors to the minimum extent.Starting with the basic theories of investigative identification, the thesis is focus on analyzing various factors influencing the identification, which laid a solid foundation for the next on the identification procedure regulation of our country. By using comparative analysis method, the thesis explains the identification procedures and the legislative mode of the Anglo American Law System, represented by British, American and the continental Law System represented by Italy, Russia and then draws some enlightenments of our country’s investigative legislation, then analyzes the problems on the identification legislation, and the start, implementation, right relief and record review of identification. Finally, by combining the advanced legislative and judicial practices of western experience with the situation in country, and by using the method of integrating theory with practice, the thesis puts forward relevant suggestions for improvement to the identification procedure at different stages.