On The System Of Investigation And Identification

Investigative identification,whether in the police film or in the real judicial practice,is an important investigative measure in criminal proceedings,which can guide the direction of investigation and help investigators to lock down criminal suspects as soon as possible.The key evidence of the case is collected.At the same time,the merits and demerits of the identification link and the accuracy of the identification result are directly related to the conviction and sentencing of the case.However,for a long time,the identification of the investigation stage has not been included in the Criminal procedure Law of our country,and only in 2012 when the Criminal procedure Law was amended,the identification transcript was incorporated into the legal evidence.As one of the investigative techniques,the identification has not been written into the Code of Criminal procedure,but only provides for the legality of evidence but not the prescribed conduct,which is biased.At the same time,although there are some records in the provisions on Criminal procedure for handling Criminal cases by Public Security organs and the Criminal procedure rules of the peoples Procuratorate,the relevant provisions on the identification of investigation and identification are compared with the foreign developed rules of identification system.The system of our country appears to be overstretched and insufficient to solve the problems in criminal cases in practice.At the same time,there are still some conflicts between the provisions of the Criminal procedure of Public Security organs and the Criminal procedure rules of the peoples Procuratorate.These deficiencies in the relevant provisions of the identification system pose serious problems to the practice of criminal justice,affecting the use of investigative identification and the use of identification transcripts as evidence,Therefore,we need to speed up the pace of legislation for investigation and identification.From the perspective of the factors that influence identification,this paper creatively puts forward a new classification,that is,man-made factors and non-man-made factors,from which we can know that there are many factors affecting the identification results,and it is even more necessary to regulate the relevant systems.At the same time,combining with the present situation and defects of the legislation and practice of investigation identification,by drawing lessons from the mature experience outside the territory,using the literature research method and the comparative research method,this paper puts forward some suggestions for the construction of the investigation identification system.The first chapter introduces the overview of investigation identification,including its general theory,the significance of investigation identification,the factors affecting investigation identification and the analysis of the current situation of investigation identification in China.The second chapter introduces the subject and object of investigation identification in detail.The subject includes the organizer of identification and specific identification person.The object mainly includes identification of specific objects such as people,objects,photos,bodies and places.The third chapter describes the main ways of detection and identification.In practice,most of them are identification in formation,photo identification,video identification and voice identification.Each identification method is introduced in detail.The fourth chapter discusses the rules system of investigation and identification,including the specific rules of procedure and the rules of checks and balances.