On The Construction Of The Rules Of Reconnaissance And Verifying The Record In The Record

The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China put forward the goal of criminal justice reform centered on the trial and clarified the direction of China's judicial system reform.The trial-centered mode of criminal action will transfer a part of the evidence from the investigation stage to the trial stage,instead of the previous investigation mode as the center,so that the court in the handling of criminal cases are given full review of the right to intervene.On this basis,the court does not need to formalize the examination of the files transferred by investigating authorities.Therefore,the court will not be subject to the control of the criminal judicial power of the public security organs and the procuratorates,but can be independent according to the law,the rules of experience and the rules of logic Review and identify.The judicial neutrality of the court will undoubtedly strengthen the court for the trial evidence to control,so that it can effectively prevent the formalization of the trial,near and solve the veto process confusion,evidence collection disorder,lack of judicial supervision and other issues.This paper analyzes the problems existing in the rules of investigation and recognition,and puts forward some suggestions on the reconstruction of the rules,mainly from the following chapters:The first chapter of this paper mainly expounds the evidence value of the transcripts and the current difficulties and development directions of the rule of law in China.The first chapter first affirms the recognition of the transcript as one of the eight evidences in the judicial trial.As a recognition of the practice of the rules used to identify the record on the one hand to reveal the potential suspects for the public security organs to provide a reasonable object of doubt;the other hand,identify the transcript as an important court evidence to the judge stage of the judge's final trial results The It is this,identify the record in the judicial decision,occupy an irreplaceable position.On the basis of confirming the legal status of transcripts,the article summarizes the problems existing in the rules of record rules,including the lack of legislation and the lack of practice,and puts forward the basic requirements.From the point of view of the existing problems,the limitation of the legislation of the traditional identification rules provides the system space for the investigation and identification of the misconduct.Identify the lack of double-blind review system and investigators and witnesses access to the audit system is not sound easy to make investigators use legal loopholes blindly quick to create identification records,and thus lead to misjudgment of the wrong rate of misjudgment.Practice,identify the rules of record in the practice of heavy subjective,light procedures,blind and fast and other non-standard operation is also caused by miscarriage of justice caused by one of the important reasons.Identify the evidence of the collection of some of the investigators in the collection of implied inducement behavior easily lead to the practice of the investigation of the phenomenon of abuse of power.In this way,in the face of the current dilemma of identifying the rules of transcripts,the judicial reform as the center has made the corresponding requirement to identify the transcript system,that is,to identify the legitimacy of the transcript qualification,to collect the normative,the objective objectivity and the evidence relevance.In the second chapter,the second chapter on the basis of the further analysis of the current record rules and practice to identify the rules.The article uses the questionnaire method to enumerate the problem of identifying the rules of the record,and then issue the questionnaire to the public security bureau,the procuratorate,the court,the law firm and other grassroots legal practitioners.After the questionnaire is collected,the author will summarize the data to show the identification of the rules of each question in practice,the specific situation reflected,and the grassroots judicial staff for the current stage to identify the rules of the record.Questionnaire survey and summarize ten aspects of the questionnaire,including: identify the form of transcripts,the number of investigators,witness participation,identification of prior inquiries,double-blind review system,the introduction of expert witnesses,full recordings,Proof of force and identification of records.The conclusion of the survey is basically the same as that mentioned in the first chapter,which is the same as that mentioned in the first chapter.It is the problem that there is a certain lack of legislation and the operation of the practice.Then,the article chooses the typical case of the court to misjudge the court,and analyzes the main contents of the court to analyze the main content of the prosecution and the identification of the specific content of the transcript.The article further confirms the double problem mentioned in the first chapter by giving the data of the rules of record recognition to the data and the case study.In the third chapter,on the basis of the analysis of the rules of identifying the transcripts,the author summarizes the system of recognizing transcripts in the countries and regions with advanced countries before and after the rule of law,and puts forward suggestions for improving the rules of recognizing transcripts in China.Which includes the United States of America's psychological experimental research method,the court expert witness system,the DNA exemption system;the British double-blind censorship system,the prohibition of hinting principle,the pre-censorship system;France for the impact of the identification of memory factors;Italy and Russia,the Taiwan interrogation and the concept of the concept of protection of criminal suspects and other research results.This paper summarizes the advantages and disadvantages of the rules and regulations,including the principle of prohibition of implication,expert witness system,DNA immunity system,double-blind review principle,pre-examination principle,pre-inquiry system And so on.The fourth part of this paper is to make some suggestions on how to identify the rules of record.First of all,the author proposes to establish a standard recording and recording system,all the identification of transcripts are written into the recording and recording of the legal procedures,which will help improve the judicial process for the investigation of the abuse of power restrictions to protect the suspects to accept fair and impartial litigation program.Secondly,the author proposes to add the form of reconnaissance identification,as far as possible to identify and identify the form of identification in the proportion of the increase in the form of identification to avoid obscurity and identification of the database and lead to identify the results of distortion,so as to ensure that the identification of the results in the judicial system No error.Furthermore,the author proposes to establish a strict identification system for witnesses and witnesses to reduce the deviation of the identification results due to the subjective bias of the identification of witnesses and witnesses.Since the identification of the transcripts is mainly evidence of witnesses seen by witnesses,the system of criminal justice identification relies heavily on witnesses' identification and description of criminal cases.Finally,the author suggested to build a complete identification of the record in advance and after the exclusion of the rules,in advance to exclude some of the cases can not determine the validity of the transcripts need to record the production process,after the exclusion of part of the record can be identified as a record violation or accuracy Unreliable cases,in the two aspects before and after the strict grasp of the evidence to verify the value of transcripts,to improve the validity of the proof in the trial.