On Criminal Identification Procedure

In the criminal investigation activities,the criminal identification procedure is widely used in the investigation organ to find out the relevant facts of the case.But because of its own characteristics and the imperfection of the legislation and other factors,it is easy to appear identification errors.If the wrong identification conclusion was used as evidences,wrongful cases will appear.All along,China's criminal identification procedures in the legislative provisions are more sketchy,only in the ‘public security organs to handle criminal cases in the procedural provisions' with five provisions and the ‘People's Procuratorate Criminal Procedure rules' in the use of six provisions for general provisions.And the two provisions of the individual provisions still exist contradictions.So that the identification activities in judicial practice have not been reasonably regulated for a long time.Moreover,the amendment to the Code of Criminal Procedure,which was promulgated in 2013,incorporated the ‘Identification transcript' into the statutory evidence so that it would qualify for statutory evidence.There are many problems in criminal identification procedure in China.Not only is the legislation not complete enough,but there are also some problems in the judicial practice,such as criminal identification procedure illegal and non-standard operation.So,this paper's research object is the identification procedure.Starting from the function and characteristics of criminal identification and analyzed its characteristics.Then,the paper analyzed the present situation and problems of criminal identification procedure in China,from four aspects of the start,the prepare,the operation and the end criminal identification procedure.The starting conditions are not clear,the work of prepare are not sufficient,the implementation process are not standard,lack of finishing work and lack of protection for the rights of criminal suspects,all of these indicate that the current situation of China's criminal identification procedures needs to be improved.It is found that there are some problems in legislation,such as rough content,lack of structure,irregular operation of identification procedures,and neglect of the protection of the rights of criminal suspects.At the same time,the criminal identification procedures of four countries were studied,including the United Kingdom and the United States of thecommon law system,Russia and Italy of the civil law system.British and American have detailed and complete provisions on the identification procedures,and pay attention to the protection of human rights of suspects,Russia's rules on the making of transcripts are meticulous,Italy provides for judges to organize the identification procedure,which is worthy of our learning.Finally,there are some suggestions on the perfection of criminal identification procedure in China were put forward,based on the problems of criminal identification procedure in China and the national conditions of our country,combined with the relevant experience of foreign countries.It includes the start,the prepare,in process and the end of criminal identification.This paper is in order to enhance the scientific and normalization of the procedures,in order to prevent or reduce the occurrence of false identification conclusion.