Research On The Application Of Criminal Identification Record In China

With the deepening of trial-centered criminal litigation reform,trial substantiation has been efficiently promoted as an important part of it,and evidence must be examined substantively in the trial before it can become the basis of the case.However,criminal identification transcripts,as one of the clear legal evidence in China’s criminal procedure law,seem to have a tendency to stop in this wave of reform.Due to the special nature of criminal identification transcripts and the legislative neglect of them,resulting in the absence or partial failure of the rules applicable to court investigation and review,there is still a serious conservatism in the practice of "reading the file",and the substantive review of criminal identification transcripts is difficult to achieve.In recent years,many wrongful cases in China are directly related to the wrong application of criminal identification transcripts,so it is necessary to regulate the application of criminal identification transcripts.This paper focuses on the application of criminal identification transcripts in the trial,based on the reform background of trial substantiation,and analyzes a randomly selected sample of decided cases in China to explore the difficulties and causes of the application of criminal identification transcripts in practice,so as to put forward specific suggestions for regulating the application of criminal identification transcripts in China.This paper explores the application of criminal identification transcripts from an empirical perspective,using analysis of practice data as data support,and is divided into four parts,in addition to an introduction and conclusion in Chapter 1:The first part aims to build and organize the evidence law basis of criminal identification transcript.The criminal identification transcript is a form of evidence to record and fix the criminal identification process and the conclusion of the criminal identification,which has the characteristics of written and synchronized with the litigation activities,and mainly plays the function of confirmation.In the classification depending on the object,mode,subject and stage of criminal identification and roughly four different forms of classification,including the formation of a mixed way of identification of people criminal identification transcript for common practice.Criminal identification transcript has the attribute of verbal evidence in evidence,and is also the original evidence with hearsay nature.At the same time,criminal identification transcripts have multiple evidentiary values,which can prove the facts of the case,corroborate other evidence,and prove the legality of the identification,but it should also be noted that the misuse of criminal identification transcripts can also bring harm to judicial activities and diminish their proper value.The second part is an empirical study of the application of criminal identification transcripts in China,which focuses on the evidentiary role of the applied criminal identification transcripts and their proof,cross-examination,investigate and application during the trial process.In this paper,the distribution of the number of cases of different crimes according to the "China Judicial Documents Website" is reflected in equal proportion in the 2019 decided cases,in order to better restore the current situation of China’s practice.Through the empirical study of the 2019 cases,it is found that criminal identification transcripts are widely used,and the application of different types of cases is directly related to the characteristics of their criminal behavior;among the objects of proof,criminal identification transcripts for the purpose of confirming the identity of the perpetrator of the crime are most frequently used,and most of them can prove the substantive facts of the case;in terms of the value of proof In terms of the manifestation of the probative value,criminal identification transcripts are mostly aimed at "incrimination",and rarely focus on their incriminating function,and some criminal identification transcripts have no logical connection with the facts of the case and cannot play a practical role in proving the facts.At the same time,the way of proof of criminal identification transcripts is the public prosecutor’s in-court reading,and mostly general reading,the defense and the defense in the criminal identification transcripts in the basic absence of cross-examination.For the review of criminal identification transcripts,the judge generally takes the form of reading the file,the trial does not provide room for substantive review,the final admission is often the state of proof that applies,the exclusion of illegal evidence rules do not work,the prosecution,defense and trial in the trial of the criminal identification transcripts of the three parties generally lack the ability to correct errors.The third part is to summarize and analyze the causes of the problems reflected in the data on the basis of the second part.At present,there is still a serious "readism" in the review and application of criminal identification transcripts in China,and defective criminal identification transcripts are "prevalent".There are three main reasons for this phenomenon: First,there are natural defects in the evidentiary capacity and probative value of criminal identification transcripts,including the irregularity of the text,the mixed use of identification transcripts and their own and the facts of the case and no logical connection,its own irregularity increases the difficulty of the follow-up review;Second,the difficulty of substantive court investigations,mainly for the confusion of the manner and order of proof,the low rate of witnesses testifying and The third is the lack of operability of the rules of review and application,still based on written review,while in the application of the role of criminal identification transcripts ignored,criminal identification transcripts can easily circumvent the existing provisions of the exclusion of illegal evidence rules.The fourth part focuses on the analysis of the path to perfection in the application of criminal identification transcripts in China.Through the analysis of the previous parts of the paper,it is concluded that the correct application of criminal identification transcripts is the result of the joint action of the public prosecution,the law and the defense.From this perspective,this paper makes specific improvements on the entry threshold of criminal identification transcripts,the court investigation stage and the system of review and application stage respectively.First,to improve the threshold of access to criminal identification transcripts,emphasizing the normative content of the text,while strengthening the professionalism of criminal identification organizations through the establishment of a special criminal identification department,avoiding improper implication in the identification process,saving judicial resources,and providing the possibility of substantive review of court hearings with the obligation to appear in court as a constraint.Clarify the applicable circumstances of the identification transcripts to prevent the crisis of evidentiary capacity brought by the mixed application.Secondly,to give play to the substantive role of court investigation,clarify the way to adduce evidence,correctly treat the evidentiary status of criminal identification transcripts,and at the same time introduce the system of lawyers’ presence and witnesses’ testimony in court to respond to the dilemma of cross-examination of criminal identification transcripts and guarantee that the court trial plays the role of substantive review.Third,to strengthen the construction of rules for the examination and application of criminal identification transcripts,mainly from two points: clear examination rules and rules for the exclusion of illegal evidence,reference to overseas practice,the establishment of detailed and operable standards for the examination of criminal identification transcripts,while emphasizing the examination of the identification pre-procedure,which is conducive to the criminal identification transcripts to become an independent investigative measure from the reliance on other evidence,and finally to guarantee the criminal identification transcripts through the exclusion of illegal evidence.The criminal identification transcript is correctly applied.