Legislative Perfection Of The Criminal Investigation Procedure In Our Country

The witness identified the suspect is a method of obtaining evidence of the investigating authorities commonly used after the criminal case occurs.And the identification of the criminal suspect is often regarded as the most powerful direct evidence of the facts of the defendant’s crime.But because the eyewitness identification evidence are essentially within the statement, which has the inherent unreliability, even honest eyewitness identification, the recognition result may also be because of its body, memory, pressure, prejudice, time, error memory and other personal complex subjective factors and objective factors, internal and external factors. In witness identification, investigators implement rigorous identification procedure, or by express, implied or impose induction misleading behavior identification, are likely to increase error identification of danger. Therefore, it is necessary to have rigorous identification procedure to prevent or reduce the risk.However, our current "Criminal Procedure Law" revised in 2012, when the identification record is added to the type of legal evidence in the first chapter of the fifth series of the evidence, in addition, throughout the "Criminal Procedure Law" of no the relevant identifiable provisions, not to regulate for the identification process. The implementation basis of identification process, the public security organization in accordance with "the public security organs for criminal cases procedural requirements" section IX Chapter IX of Chapter VIII IX, the prosecution based on "People’s Procuratorate Rules of Criminal Procedure," these simple rules to principle as for the investigation to identify prospective data; and the court is in accordance with the "Supreme People’s Court on the application of <People’s Republic of China Criminal Procedure Law> interpretation of" applicable provisions of Article 90, judicial interpretation is tantamount to replace the legislation, and the value of witnesses identifiable, complete with the judge in the case of free evaluation of evidence, serious prejudice to the rights of suspects. Therefore, in our "Criminal Procedure Law" should be strictly regulation on identification recognition program.So this article from the perspective of "witnesses to identify suspects", first introduced the concept of identification procedures related to the system of identification to have a general understanding. And comprehensive review of the reasons that may affect the recognition result, followed by study of comparative law, summarized the most comprehensive analysis of the US doctrine of the world for identification procedures prescribed for the prevention and control practice on recognizable defects are formed all the principles and norms. Then, discuss the existing problems of our investigation identification procedure, and from the aspects of legislation, basic principles, specific identification method, and program and identify evidence of ability to improve our investigation identification procedure in the criminal procedural law,in order to help identify the program suitable for our legislative and practical operation of reference, as identify future reference of the legislative process, to be able to properly assess whether the result of objective and credible eyewitness identification, in order to reduce the incidence of false positives injustice.