The Improvement Of Chinese Criminal Identification System

The overall rule of law is an important part of the national "four comprehensive" strategic layout,and also the key to the realization of socialist modernization and the rule of law.Under the background of building a socialist country under the rule of law,it is the implementation of the party's policy to promote the reform of the judicial system,improve the criminal identification system,and reduce the unjust,false and wrong cases.In the judicial field of various countries,the misidentification of suspects plays an important role in the generation of wrong cases.However,unfortunately,there are serious deficiencies in our country,both in legislation and in the system,almost blank legal guidance and imperfect system lead to our country because of identification errors caused by the number of wrong cases.In the current criminal judicial practice of our country,there are a lot of disorderly phenomena in criminal identification activities,which to a certain extent stems from the imperfection of the legal norms of identification and the absence of relevant systems in our country.It is urgent for the theoretical academia to carry out systematic and detailed research on this issue.Therefore,the author takes the perfect path of the criminal identification system as his research topic,and discusses how to construct a complete criminal identification system around the disorder of criminal identification in our country and its reasons.The article is mainly composed of introduction and four parts.The introduction part explains the source of the problem,the value of the research and the main structure of the article,summarizes the current situation of the research on the criminal identification system,and puts forward the general idea of how to improve the criminal identification system by using systematic thinking,dialectical thinking and other thinking methods.The main body is divided into four chapters.The first chapter,the realistic picture of the criminal identification system.In this chapter,the author takes 30 cases of criminal error which have been revised or acquitted by the court in recent years as a sample,and classifies the problems exposed in the sample and related to criminal identification.Through the analysis of these empirical data,the author finds that the problems related to identification in the wrong case are mainly reflected in the following aspects: the identification of the person's perception error;the low similarity of the foil object;the insufficient number of the foil object;the violation of the rules of prior inquiry;the violation of the rules of mixed identification;the violation of the rules of individual identification;the indication in the procedure of the investigator's identification;the error of the transcript;the determination of the judgment only on the basis of the identification conclusion;and the judicial officers' credulity of the conclusion.The second chapter is the path analysis of criminal identification error generation.After sketching out the realistic picture of our country's criminal identification system,the author makes a deep analysis on the reasons behind these phenomena in the second chapter.The generation path analysis of the criminal identification error is mainly carried out from two dimensions,one is to identify the psychological mechanism variables of the person,the other is to identify the systematic risk of the procedure.In these two parts,the author combines the relevant experiments and research results of psychology to explain why witnesses may make mistakes in the three stages of perception,memory and recognition.Although the three psychological mechanisms of witnesses cannot be controlled by us,understanding the factors that may induce the psychological mechanism of identification can provide the basis for our later accurate evaluation of identification conclusions.The systematic risk of identification procedure mainly includes the low similarity among the line members and the implication of the investigators.Chapter three: extraterritorial investigation of criminal identification procedure.After analyzing the causes of criminal identification errors,the author examines the legal provisions of extraterritorial law countries from a horizontal perspective,hoping to provide one or two enlightenment for improving the criminal identification system in our country from the judicial practice and legal provisions of extraterritoriality.The common law countries,represented by the United Kingdom and the United States,are relatively well-developed in the study of the criminal identification system,and have established a series of rules aimed at eliminating unreasonable factors in the identification activities,such as the right of the lawyer to be in the field,the separation of the investigation police and the identification police,and the order identification.The legal provisions of civil law system countries are relatively simple,however,its comprehensive record rules,inquiry rules before identification and other relevant provisions can still provide one or two enlightenments for the improvement of China 's criminal identification system.The fourth chapter,the criminal identification system consummation path inquiry.In this chapter,the author puts forward his own views on the perfection of criminal identification,that is,to construct a complete system of criminal identification system,including perfecting the rule system of criminal identification,eliminating the process of criminal identification of alienation and perfecting the examination mechanism of the conclusion of identification.In view of the structural dilemma of the identification program,the author strengthens the construction of the top-level design by perfecting the series rules system on the one hand,and resolves the alienation problem of the identification program through three aspects: sequence identification,electronic record comparison system and comprehensive record of the identification process on the other.In the examination of the identification conclusions,the author mainly from highlighting the prosecution investigation supervision subject status and the court review of the identification conclusions of the two dimensions of sound and prevention.In a word,in order to sort out the development bottlenecks and practical difficulties of the criminal identification system in China,and to solve the problems and obstacles in the reconstruction of the system,this paper explores the ways to improve the criminal identification system,with a view to promoting the refinement of the criminal procedure and the optimization of the judicial system,and helping the realization of the goal of the socialist modernization and the rule of law.