The Research On On-site Identify

The on-site identify is a common detection measure in investigation practice.Because in practice,the suspect is likely to turn over the confession,and the confession will not be true,the investigator will allow the suspect to go directly to the scene of the crime to identify or describe the case,and in the collection process of some concealed evidence,the on-site identify is often used.The on-site identify is helpful for investigators to confirm the on-site,site trace and physical evidence.It is very helpful to determine the direction of investigation,obtain the criminal clues and find out the facts of the case.And it is relatively easy to operate,and can play a role in improving detection efficiency and effectiveness.But there are many problems in practice.There have been many cases that have affected the whole case because of the improper use of on-site identify.It does not give full play to the role of investigation,and even causes the wrong case.The application of on-site identify not only affects the efficiency and quality of investigation work,but also the criminal suspects' rights and judicial fairness.It is a practical proposition to make legislative perfection and system construction for on-site identify,so this problem needs to be studied specifically and systematically.In view of this,this paper chooses on-site identify problem as the research direction.The research will include the theoretical issues involving on-site identify and the practical situation of on-site identify.Moreover,the problem about how to regulate on-site identify activities during the investigation stage and how to review the record of on-site identify during the trial period will be studied systematically in this research.It is hope that through these studies,we can expand and deepen the theory of the on-site identify in our country,and play a certain role in promoting the legislative regulation of on-site identify.At the same time,it also hopes to provide some enlightenment to the judicial practice community,to promote the real realization of the litigation task of punishing crimes and safeguarding humanrights.The first part of the article starts with the basic theory and practice condition.This part defines the concept of on-site identify,analyzes the different viewpoints on the definition of on-site identify,and emphasizes the relationship between the on-site identify and other investigation measures to clarify the definition and nature of on-site identify.In addition,through the analysis of the criminal judgment involving on-site identify in the last four years(2014-2017),this part analyzes the application situation and the effect of on-site identify in practice.The second part combined with the practice situation and typical cases,analyzes the existing problems of on-site identify,points out that the applicable conditions of on-site identify are not clear and public way is inappropriate,the evidence attribute is not clear and easy to cause huge problems.And then this part analyzes the impact of these problems,thought that the existing problems of on-site identify are urgent and need to be solved immediately.The third part contacts related theory,analyzes the cause of the problems of on-site identify from the lack of legal system and judicial practice.The part points out that the key cause of the existing problems is that the legal system related to on-site identify has deficiencies.At the same time there are some other important reasons caused the scene identify problems,such as the deviation in the concept of the investigators,the formalization of the review of the record of on-site identify and the inadequacy of the defense during the on-site identify.The fourth part combines theory and practice,aiming at the problem and reason of on-site identify,and proposes to improve it from three aspects:legislation,judicial practice and supervision.Specifically,it is necessary to improve the legal system related to on-site identify,including the applicable conditions about on-site identify,the start-up procedure and implemented procedure about on-site identify and the main points about reviewing the record of on-site identify.At the same time,it is also necessary to change theconcept and method of handling cases of the staff of state organs in the on-site identify procedure.In addition,multiple subjects should be introduced to effectively participate in and supervise the on-site identify procedures,so as to promote the proper and orderly use of on-site identify in various aspects,and to make the important role of on-site identify in investigation practice can be fully played.