On Criminal Identification

Identification, as an essential means of investigation procedure method, is regulated detailedly in most foreign criminal legislation. Before the Criminal Procedure Law was unmodified, criminal record of criminal identification has not been identified as a legal evidence by law. The relevant content of criminal identification is only reflected on the six items in Procedure Provision by Which Organizations of Public Security Handle Criminal Case and Criminal Procedure Provision of the People’s Procuratorate. And many of the conflicts of the present. After the modification of criminal procedure law, though clearly defined identifiable record as a form of evidence, but have not yet given legal status to The Criminal Identification System.In the specific operating practices of Criminal Identification, because identifying errors which led to many wrong case, but failed to achieve Criminal Identification of functional utility, thus accurate Identification has very important significance for detection of cases and identify cases for trial.In order to accurately and efficiently identify criminals, protect non-criminal suspects, and play the due role of Criminal Identification, carry out and implement substantive justice and procedural justice, in this paper, the literature research and comparative studies and other methods are being used and based on our existing text of Criminal Identification and Criminal Identification practice, make appropriate recommendations for defects to improve the development of the theory of criminal identification and practical hands-on benefit, achieve punish crime, protect the people and maintain social peace and stability. The thesis consists of three parts, the main contents are as follows:The first part is an overview of Criminal Identification, which including the concept of criminal identification and characteristics of the subject and object of Criminal Identification and five classification of Criminal Identification. The second part of our criminal identify defects, specifically dissert the text of Criminal Identification flaws, including the lack of law and interpretation of confusion; practical flaws, including violation of timely identification, breach of this inquiry, violation of the prohibition implies, contrary to identify confounding, violation of separately identification and in violation of the rules once identified; Restricting supervision defects, including The rights of identified people can not be protected, audio and video surveillance measures are not specifically required and qualified witness testimony and legal responsibility of the specification is missing; Criminal identification record defects, including criminal record identifying substantive criminal record of identifying defects and defects form. The Part III, perfection of criminal identification, based on the part II, discussed the issue for defects and proposed legislation to improve criminal identify, consummate identify rule system, improve supervision of criminal identification of constraints, improve protection of rights of suspects and foil people, improve the criminal record of the debate related measures individually.