Research On The Identification System In Chinese Criminal Procedure

Criminal identification refers to activities in which the prosecutor,victim,and witnesses,under the auspices of the case-handling personnel,point to persons,corpses,objects,locations,routes,etc.related to the crime to admit or introduce relevant information to the case-handling personnel in criminal proceedings.It has the characteristics of directness,certainty,autonomy and diversity,and can be divided into four types: identity identification,arrest identification,object identification and on-site identification.As a common criminal justice activity,criminal identification can not only provide a basis for ascertaining the facts of a case,but also ensure the legality and legitimacy of litigation procedures such as evidence collection and crossexamination.However,due to the lack of relevant normative restrictions or guidance,and the lack of corresponding theoretical guidance,in judicial practice,identification is chaotic.For example,the accused took the opportunity to escape,and the case-handling personnel used the name of identification to “parade suspects in public”.In view of this,this article uses literature research method,empirical analysis method and comparative investigation method to carry out a systematic research on the criminal identification system.The specific content covers the following five parts:The first part is an overview of the criminal identification system,which mainly includes the concept definition,characteristic analysis and type division of criminal identification.The second part is about the analysis of the value of the criminal identification system.It is deduced from the theoretical level that the criminal identification system has the value of improving the efficiency of investigation,improving the quality of case handling and promoting the fairness of procedures.The third part is to sort out and analyze the problems in the criminal identification system of China.It is found that the main problems in practice are the lack of legislation,poor procedural design,high implementation risks and improper operation of the system.The fourth part is the investigation of relevant experience outside the territory,respectively inspecting the systems related to identity identification,arrest identification,object identification and on-site identification outside the territory,in order to provide reference for solving the practical difficulties of the criminal identification system of China.The fifth part is about the concept of improving the criminal identification system of China,including improving the legislation,standardizing the use of evidence for identity identification,filling in loopholes in the rules of arrest identification,expanding the scope of application of object identification,and amending the application procedures of on-site identification.