On Regulation Of Criminal Identification And Improvement Of The System

In the practice of criminal justice, criminal has been identified as an importantmeans of investigation and evidence investigation measures play an important role inthe criminal proceedings. However, miscarriages of justice due to the identified erroralso countless. However, China ’s criminal legislation or practice identified in bothareas, there are serious deficiencies. Identify current criminal laws and regulationsmake provision for major new " Criminal Procedure Law " and its judicialinterpretation," the public security organs for criminal cases, the proceduralrequirements " and " People’s Procuratorate Rules of Criminal Procedure." Amongthem, in addition to the new "Criminal Procedure Law " is a statutory requirement toidentify transcripts of evidence, certainly in the position to identify this evidence ofcriminal investigative measures, other regulations also took only about five or sixclauses. It can be seen that our legislation on criminal identified are relatively simpleand does not have the maneuverability, it is difficult to meet the needs of judicialpractice.About our institutional system failed to recognize fully established, making thejudicial officers of public security operations appear more illegal behavior in practice,against the people ’s legitimate rights and interests have been identified, resulting inthe conclusion of criminal not to identify with the maximum effect, but alsoundermine the fairness of the judicial process. In practical terms, the judiciary lack of knowledge and approval of Criminal Identification ineffective oversight, laxreview to identify other aspects of the conclusions are not in place, severely restrictedthe application and development of the system.From the study of the current situation, the country ’s most recognizable for thestudy of criminal relatively one-sided, and are before the new " Code of CriminalProcedure," the official implementation, mainly from the specification to identifybehavior problems identifying evidence, transcripts of examination to identify keypoints scattered points, etc. discussed or identified from perfecting the system to theentire discussion, does not have integrity. Based on this, not to avoid leakage hides,mainly in Criminal Identification system for the study, from basic research concepts,features, and value to identify how to regulate and improve the range of issues suchelaborate systems, focusing on the analysis of criminal behavior to identify thepresence of related issues and practices from abroad related to mature and improvethe identification process rules. Some of the results of the use of psychological theory,identify regulatory procedures used in the identification guide scientific investigationpractice. In order to identify the development of our benefit system.The thesis is divided into three parts, as described below: The first part, anoverview of Criminal Identification. Overview of Criminal Identification is toinvestigate criminal logical starting point to identify the problem and cornerstone.This chapter focuses on the basic concepts of Criminal Identification, characteristics,value and classification analysis and research; second part, from the legislative andpractical aspects, analyzes the status quo of China’s Criminal Identification System,which identify shortcomings, is proposed to improve recommended to find afoothold. On the legislative front, our criminal legislation to identify low level, thereare contradictions between the various provisions of the rules identified inadequate.In practice, the main judicial personnel of the Police identified lack of awareness,confounding identify rules not implemented, as well as approval system imperfectstudied; third part of Criminal Identification System Regulation and perfect. Learnsome psychology research, from the organizers to ask the way, the number of peoplelined up, lined up to be regulated, such as the presentation of proposed regulations to identify behavior recommendations, and proposed legislation, rules, review, approval,and other illegal recognize conclusion exclusion made perfect recommendations.