Study On The Examination And Judgment Of Identification Record

Before 2012,the identification record does not belong to the type of evidence stipulated in the Criminal Procedure Law of our country,but in judicial practice,it is still used as the basis for reviewing,prosecuting and adjudicating.It was not until 2012 that the identification record was identified as an independent type of evidence.However,in judicial practice,judges sometimes believe too much in the identification records and take the records as the basis for judgment.Therefore,unjust cases caused by easily trusting the identification record occur from time to time.In order to prevent the occurrence of unjust cases,protect the legitimate rights and interests of the accused,safeguard judicial justice and judicial authority,it is necessary to require the subject of examination to examine the identification records strictly.Firstly,by clarifying the definition of the identification record,the concept and characteristics of the examination and judgment of identification records are introduced.On this basis,the content of the examination and judgment of identification records are discussed.That is,the judges should not only examine whether the identification process conforms to the identification rules,whether the identification record content is true and reliable,but also examine and verify the situation of the identification organizers,witnesses and other relevant personnel.At the same time,the theoretical basis of the examination and judgment of the identification record is discussed.The theoretical basis of the examination and judgment of the identification record includes epistemology,procedural justice.Secondly,taking Anglo-American Law System and Continental Law System as examples,this paper discusses the contents and considerations of the examination and judgment of identification records,and analyses their advantages and disadvantages,so as to provide useful reference for improving the examination and judgment of identification records in China.Thirdly,from the legislative and practical level,this paper discusses the current situation of the examination and judgment of the identification records,and leads to the problems in the examination and judgment of the identification records in China.In judicial practice,identification records often stays at the stage of written examination,which makes it difficult to examine the essence of identification records,and the authenticity and reliability of the contents of the identification records can not be guaranteed.In addition,the right of confrontation of the accused can not be guaranteed if the identifier and the identification organizers do not cross-examine in court.The imperfection of the authentication method of the subject of examination and judgment of identification records is also a problem that can not be ignored.Finally,according to the existing problems of the examination and judgment of the identification records in our country,this paper absorbs the reasonable elements of the examination and judgment of the identification records in foreign countries,and puts forward specific ways to improve the examination and judgment of the identification records in our country.First,the subject of examination should strengthen the substantive examination of the identifying records.Secondly,the identifiers and the identification organizer are required to appear in court to accept cross-examination,so as to protect the right of the accused to cross-examine.Thirdly,we should improve the way of examining the subject of authentication,establish the authentication mode combining the authentication at court with the referee authentication,and improve the authentication at court and the referee authentication respectively.