| Compared the legal standard of identification record in our nation with the other legal investigation methods, our nation has a obvious differences. The new Criminal Procedure Law of The People’s Republic of China treats the identification record as a independent evidence sorts and absorb in it, this law express the important of identification record in the Criminal action deeply. The public security organ shall handle criminal cases and The people’s Procuratorate rules of criminal procedure have also conducted and standardized from the interior on what identifying by the police and procuratorial organs. The new Interpretation of The Supreme People’s Court on the application of people’s Republic of China Criminal Procedure Law also have improved on the basic of the identification record’s review mechanism which is regarded to the The provisions on handling death penalty cases reviewed to determine the issues of evidence. So, it has formed a series of supporting system about identification record. In 2013 it’s the first year which the Criminal Procedure Law of The People’s Republic of China has executed, these series of system about identification record has played how much affection in the justice practice, the writer has progressed practical survey according to the two areas of the host city. The article will use the information and resources from this practical survey to evaluate the correlative system about the existing identification record, and will support the experience for improve the correlative system about the existing identification record.Writer has investigated the correlative situations about identification record by using many sorts of practical survey methods. Writer has also made a survey to the investigators from police, people’s court, procuratorial organs in those two areas, and also made a interview survey on part of them, and gone to people’s court, procuratorial organs to refer to the file about the criminal cases, and also counted the information. Writer has used multi pronged and gotten a full understand in the correlative justice practice about identification record.Combined with the records, resources and cases from the investigation, the writer begins by the theories and reached differences by compared the practical operation and the goal which designed by the system, and then evaluated the affection by the system has played in the correlative identification record. According to the investigated resources, first of all, writer has found in the analysis about identification record’s notes, the notes sometimes contain a lot of details, but sometimes are not. Sometimes the asking situations are not recorded before the identification, and sometimes the objective conditions are not recorded before the identification, and another process are not recorded before identification. Secondly, the writer has found in the investigation of the source about the identification record which means identified process, exactly, the identified practice existed a situation about the disadvantage of process. Sometimes there is no asking on identifying people before the identification, or the police just asking the identifying people after the identification. And then sometimes the objective identification can not reach the number of requirements in legal, or the objective identifying people doesn’t have similarity, or sometimes there is a hint in the identification. At last, writer has fully evaluated the review mechanism of the identification record and concluded that the review style of the identification record is so simple that made the review mechanism ’s practical affection cannot reach a ideal situation in the practice.When faced the problem delivered by the judicial status, writer use reference to the advanced experience by the correlative identification record system from Britain and America, combine with Chinese judicial status itself, and have come up with some suggestions about how to progress the correlative identification record system, firstly, put the identification record to the scope of the legislation, secondly, embody the notes and forms, thirdly, progress the identifying system and the supervision procedure on the identifying practice; and last one is to progress the review mechanism of the identification record. To help to solve the last problems in the legal practice, and put more conduction and standard on the using of identification record, give more support to the theories and experiences. |
