Criminal Identification Errors And Prevention Research

Criminal identification is a kind of investigation method,and the record of criminal identification is one of legal evidences regulated by Criminal Procedure Law of the People's Republic of China.There are many problems in the current criminal identification procedure rules and the understanding and prevention of criminal identification errors are still relatively weak.So in judicial practice,criminal identification errors occur from time to time and become one of the important reasons for unjust and false cases.Therefore,it is of great practical significance to establish and improve the system of criminal identification procedure rules,prevent criminal identification errors and improve the quality of criminal identification records.In addition to the introduction,there are four chapters in the study of criminal identification errors and prevention,focusing on the current situation of criminal identification,criminal identification errors,the causes of criminal identification errors,the procedural rules and reference for preventing criminal identification errors in foreign countries,and the preventive countermeasures for criminal identification errors in China.Chapter one: firstly,it defines the attribute of criminal identification,and puts forward that criminal identification is a kind of investigation behavior,a kind of litigation evidence and a kind of proof way.Generally speaking,regulations of criminal identification in China's criminal legislation have basically formed a relatively systematic regulation system,but there are still some problems that cannot be ignored from the perspective of practical effect which must be further improved.Through the investigation and analysis of criminal identification judicial practice,it is found that the most prominent problem is that investigators just pay attention to the formality of identification procedure and investigators always give hint.Based on the fact that the mistake of criminal identification is mainly limited to the mistake of the identifiers to the object,the meaning of the mistake of criminal identification in this paper is briefly defined as: in the process of criminal identification,when the identifier identifies the object,the mistake is caused by the influence or interference of various internal and external factors.Based on this,this paper analyzes and discusses the four kinds of common manifestations of the identifiers' mistakes on the identified object,namely,the false identification of the suspect,the false identification of the object,the false identification of the corpse and the false identification of the place.Chapter two: the research shows that there are many reasons for the formation of criminal identification errors.First,the rules of criminal identification procedure lag behind,mainly including the low level of effectiveness of criminal identification procedure,conflicts between criminal identification laws and regulations,loose requirements for starting criminal identification,failure to establish the principle of separation of identification host and investigators,and lack of strict requirements for identification records.Secondly,the rules of criminal identification are not easy to operate,mainly including the imperfect rules of pre-identification inquiry,the simpleness of the rules of fillers,no detailed rules of prohibition of hint,the imperfection of the witness system,and the selective specification of audio and video recording in the process of identification.Thirdly,the mechanism of criminal identification conclusion examination and right relief is weak,mainly including the weak mechanism of criminal identification conclusion review and the poor mechanism of relevant right relief.Fourth,there are bad factors in the subject of criminal identification,mainly including the bad factors in the aspect of identification organizers,such as the inadequate ideological understanding of some identification organizers,the improper behavior of some identification organizers,and influence factors in the aspect of identification of human beings,such as influence factors in the aspect of identification of human beings,influence factors of environment on identification of human beings.Chapter three: Based on the current problems of criminal identification in China,it studies and draws on the experience and methods of some foreign countries in criminal identification procedure rules.First,due process and reference to prevent identification errors in foreign countries,mainly including the approval rules for the initiation of identification procedures in Britain and Germany;the pre-identification inquiry and notification rules in Britain,Italy and other countries;the principle of neutrality of hosts in the United States,Britain and other countries;the post supervision information rules in Britain and other countries;the cross examination rules for identifiers in Britain,the United States and other countries;the British and Italian rules Complete record rules for countries such as Liberia.Second,protection rules of identification subjects and reference for preventing identification errors in foreign countries,mainly including Italian,Britain and other countries' protection rules for identification;Britain,the United States and other countries set up the legal rights and interests protection and relief rules for suspects.Chapter four: Based on the analysis of the causes of the criminal identification errors in our country and the analysis of the rules of criminal identification procedure in foreign countries,the author puts forward the countermeasures to prevent the criminal identification errors: first,improving the rules of criminal identification procedure: strengthen the criminal identification start-up examination and approval including these rules: establishing the criminal identification start-up examination and approval authority,examining and approving identification activities according to its classification,establishing and improving pre-identification inquiry rules and notification rules,establishing the criteria for selecting objects to be used as a filler and the rules for priority of video identification;separating the investigator and the identification host;to establish the rules for comprehensive recording of identification records,comprehensive and complete contents of criminal identification records including that the whole process of criminal identification needs to be videotaped and the rules for witnesses of identification activities should be improved.Second,the establishment of the suspect's rights protection mechanism: mainly including the establishment of the lawyer's right to be present;giving the suspect the right to raise objections;protecting the suspect's right to choose and know.The third is to improve the review mechanism of criminal identification conclusion: mainly including the establishment of exclusion rules of illegal identification record evidence;the establishment of the review mechanism of criminal identification conclusion.Fourth,strengthen the construction of the criminal identification organizer team in China:mainly including strengthening the professional ability training of the identification organizer;standardize the language and behavior of the identification organizer.It needs to be emphasized that China needs to build a unified and perfect system of rules of criminal identification procedure with Chinese characteristics so as to guide and standardize the practice of criminal identification in a comprehensive and systematic way.