Research On The Criminal Identification Procedure Of China

The "Criminal Procedure Law" promulgated in 2013 for the first time will identify the record clearly included in the legal evidence of our country, thus ending the debate on the legal status of the legal status of the debate. But new problems and the resulting, at present because the identification implementation of the defects in legislation and judicial practice in identifying operations of disregard for the rule of recognition is a common phenomenon, resulting in recognition results using value is not high, often appear deviation or error. As a core element of identification record production, how to standardize the identification procedure become improve the recognition transcripts of evidence for the effectiveness of the key factors, how to ensure implementing identification process of the authenticity and legality of become primary problem that must be solved in practice. At present, in the provisions on the evidence of death penalty cases has initially established a identification results of the examination and judgment rules, the provisions although for the court in the process of handling cases will identify transcripts as evidence and provide some legal basis, however, in the process to identify the comprehensive record of, identification of lawyer presence system and the identification subject court testimony system has not been effectively the establishment situation, only the written examination method has great limitations, not only difficult to find identification operation process in the presence of the defects in the procedure and procedural violations, and unable to identify the reliability of the examination as to substance. Therefore, the second chapter of this paper outlines the overview of China's criminal identification. Including the identification of the concept, classification, resulting in the identification of deviation factors. The analysis of the factors that lead to the deviation of identification is to provide a reference for the setting of the rules of the identification procedure from the perspective of epistemology. The third chapter analyzesthe common law and civil procedure rules. Mainly including the United Kingdom, the United States, Italy, Russia, the identification process of four countries.with other countries of the continental law system such as Russia, Germany and in the identification procedure for the setting and our country is broadly similar, reference value is not great,and Britain and the United States, the two countries is the typical representatives of common law, identification system started relatively early, is already quite perfect, lessons very much. The fourth chapter pointed out that China's implementation of the program to identify status quo and existing problems. Mainly from the legislative status and judicial status to make analysis and put forward the problem, there is not a unified legislation, low level of law, lack of identification procedures for the approval and supervision mechanism and identify the operation of the problem. The fifth chapter is the fourth chapter puts forward the problems and put forward the corresponding suggestion. Including the unified identification procedures, the establishment of identification procedures for the examination and approval of the supervision mechanism and a sound identification rules system three major recommendations.