The Study Of Investigative Identification Rule

Investigation to identify is a common and important investigation measures, play an important role in investigation practice.However, for a long time,the investigation to identify was not included in the regulation of the criminal procedure law of our country, although the revision of the criminal procedure law in2012 to identify the record rules for the new kinds of evidence, but still did not identify the specific provisions of the rules. Compared with the present situation of the abroad investigation to identify the detailed rules, our country in the legislation is relatively deficient, the lack of many recognition rules caused many problems in practice, affect the investigation to identify the role of the play, has a deep research on this question and legislation is necessary. Based on the investigation to identify the concept of factor as the breakthrough point, points out the influence of investigation to identify the subjective and objective factors, put forward the construction of investigation to identify the system in our country. Full text in addition to the preface and epilogue, it includes three parts:The first part: the concept and principle of the investigation to identify, consists of three parts. First of all, the academic circle is analyzed in the investigation to identify the different definition of the concept of presents different differences to know about the rule of law both at home and abroad, investigates the procedural law and the concept of the science of criminal investigation demonstrates different angles;Next from the investigation to identify the attributes of subject, object, purpose, four aspects to analyze the investigation to identify the should have the connotation of the range. Second, to identify the process are described in this run within the same recognition and psychological cognitive principle. Finally, according to the above analysis, reconstruct the concept of investigation to identify,it is to point to in order to find out the case, confirm to identify whether the object is associated with crime,the investigators, under the auspices of independence by identify the suspect person,as well as relevant to the case of the sites, objects, body comparison, finally realizes the detection behavior of the same recognition or not.The second part: the influence of investigation to identify the related factors, consists of three parts. First, this paper expounds the can affect the part of the investigation to identify the main subjective factors, respectively from the role localization,psychological stability, creative amnesia, unconscious migration and life experience five professional point of view, analyses the subject consciousness of different effects on recognition results. Secondly, from the observation position, spot light, sound,viewing Angle four aspects discusses the influence to identify the principal objective factors. Finally, emphasized the investigators should not only strictly detection limit of the judicial practice and to realize the murder will break the dilemma, and highlight the investigation to identify the rules to solve the realistic problem.The third part: the rules of investigation to identify examining and its system construction. Is mainly found in the above question and examined on the basis of investigation to identify the existing rules, to identify from the preparation part,identifying the specific link, after confidential record review link part three discusses the recognition rules system construction.First, in preparation, a total of five rules. Set a unified examination and approval organization rules to identify the subject of examination and approval; Distinguishes the former embodies told the main content of the notification; Then introduce policing activities are widely used in the cognition about technology, details the distinguishes the former asked rules; Reasonable treatment of rule perfected the suspect as to the identity of the accurate positioning, to ensure that the corresponding litigation; Foil object selection rules to identify both object set the conditions of similarity, and puts forward the requirements for set up to identify the object database.Second, carried out in identifying links, a total of four rules. Double blind identify improper rules in ditching the investigators suggested; Right protection rules express the participants in the proceedings of litigation; Identify rule bridging the investigation supervision and the system of witness, puts forward the realization of video technology supervision and rigidity requirements; Mixed in to identify the original simple, freedom, and to identify the three rules respectively, draw lessons from the academic circles to search to identify and to recognize the existing investigation, identification and public recognition, video identification and speech recognition, the Internet to identify the practice of research results, introduced the foreign types identification and one-to-one identify and separate identification rules,implements our country to identify the way of diversification.Finally, to identify the confidential records after review link, a total of three rules.Discussed identify to identify the participants after the records of secrecy rules, to identify the record and process rules and rules of the record. This paper determines the identification record start node should be distinguishes the preparation link and not to identify the link; Proposed professional to identify the record review panel, and review the content of the setting for the tentative exploration; The investigation to identify the legal consequences and weak evidence reinforcing and illegal evidence exclusion rule cohesion, added to identify the record evidence of the effectiveness,eventually improve the investigation to identify the system of rules.