Judgement Of The Review To Identify Transcripts Of Evidence

Eyewitness identification is an important means of investigation in the practice of criminal justice, and also provides a strong basis for confirming investigation direction, targeting suspects in investigation work. The identifying notes can record the process of the identification, and also play an important role in restoring the fact of the case. Therefore, the China’s "Criminal Procedure Law" which revised in2012defined the identifying notes as one kind of evidence. The purpose of the research is on the problem that how to improve and perfect the examination and judgment after the identifying notes as one kind of evidence. Through analyze the examination and judgment problems of the identification and identifying notes under current laws in China, give some suggestions to promote the examination and judgment of the identification and identifying notes evidence and provide some theoretical basis for building the examination and judgment mechanism of the identifying notes evidence. The thesis consists three parts.First of all, the basic theoretical question of the examination and judgment of the identifying notes evidence, including the concept of identification and identifying notes, the classification of the identification and the examination and judgment of the identifying notes evidence. First, the paper expounds the concept of the identification and identifying notes base on the legal provisions and theoretical studies. Second, this study is classified according to the different between the identifying people, the identifying objects and the form of the identification in order to analyze the emphasis and difficulty in different identifying notes. Third, the paper expounds the examination and judgment of the identifying notes evidence from four aspects which is concept, direction, method and standard.Secondly, the examination and judgment of the identifying notes problems. Through analyzing the present situation of the law about the identification and the identifying notes, present some problems that affect the examination and judgment of the identifying notes. One is the defects existing in the relevant legal provisions and judicial interpretation. Two is in the process of the startup, preparation and the implementation may affect the identification record review judgment problems. Three is the lack of the identification record in court trial cross-examination. Four is the lack of the regular on the defective identification record.Finally is the suggestion about the examination and judgment of the identification and identifying notes evidence. The foundation of the research is the existing law, in view of the existing problems of the examination and judgment of the identification and identifying notes to put forward some perfecting suggestions about the examination and judgment of the identification and identifying notes. The first is clear and defined the legal status of the identification as investigation measures and unified regulations to provide legislative support to the examination and judgment of the identifying notes evidence. The second is to unify the relevant judicial interpretations and make the examination and judgment of the identification record more normative. The third is in the law of criminal procedure explicitly identified as legal measures, refining the starting procedure, preparation process, implementation procedures, and improve the judgment and identification of the identification record evidence. The fourth is to improve the rules of the victim and witness cross examination process. The fifth is to improve the examination and judgment standard for the defective identification record, increase efforts to the examination and judgment of the identification record evidence.