The Establishment Of Eyewitness Identification Rules

Overseas, especially in Britain and the United States, the criminal justice field has realized eyewitness misidentification is one of the leading causes of misjudged cases, and paid attention to the related researches, including witness psychology. With the development of researches, many specialized rules designed to prevent the eyewitness misidentification have been proposed and established, and a series of legislative and judicial reforms have been started. In contrast, the Law of Criminal Procedure in China hasn’t established eyewitness identification rules,just stipulated that identify transcripts is the legal evidence, and the principal provisions can only be found in the judicial interpretation and administrative rules. In the judicial practice, misjudged cases due to eyewitness misidentification are nothing new. Legislative and judicial reality requires that we must pay attention to the researches of eyewitness identification, and we should absorb the advanced theory of others countries, and draw lessons from their legislative and legal practice, to establish eyewitness identification rules that comply with our own reality.