Witness To Identify The Reasons Of The Error And Protection Rule Research

Eyewitness identification as an important investigative measures, through which the conclusions drawn identify important evidentiary value, to a certain extent, it is a crime for prosecution or to incriminate those who have a decisive role. Therefore,whether in our country or abroad also judicial practice, the witness identified use are quite frequent. Western countries have been very superstitious judge and jury eyewitness identification conclusion, and now judge the situation easily identify credible witness in our conclusion remains. But in the beginning of the last century,psychologists identified through the study of witness pointed out, is a witness to identify the psychological recognition activities, the conclusion is not to identify imagined so reliable, there are a considerable number of factors that could affect the witness identified accuracy.Among these factors affect the accuracy of the witness identified, some variables can not be controlled by the judiciary, called the estimated variables, including eyewitness perception, memory, and ability to identify when the impact of the incident, witnesses perceived objective environment; some judiciary to control variables, including the organization of the parade, identify the specific operational procedures and guidance language presiding, these called system variables.Psychologists further found in subsequent studies, in many miscarriages of justice, because witnesses identified the wrong reasons, resulting in the total number of misjudged cases occurred in the number of miscarriages of justice happen bigger than other causes. US 1989--2003 years of the wrong case report just confirms this statement. Witness identification is considered to have a high degree of fallibility, and is recognized by psychologists. However, due to having witnessed identify irreplaceable value in judicial practice, abandon it is simply not feasible. Therefore,the Western countries, especially Anglo-American countries opened a witness to identify the rules of science to build. The main set of scientific and operable on procedural rules, the rights given to the defendants, in order to improve the accuracy of the witness to identify the negative effects of the estimated variables to a minimum,so as to ensure judicial justice.Compared with Britain and other overseas witness identification system,there is a system of witness identification problem is obvious, the rules "rules" and "regulations" provisions of imperfections, mostly provides for the principle, the lack of specific operational procedural rules, and to be inadequate to protect the rights of the prosecution. With the frequent exposure of miscarriages of justice, protection of human rights as well as the public voice enhancement, combined with China’s current judicial status quo, drawing on Britain and other advanced countries witnessed identification rules, improve our system has become essential to identify the witness.Specific recommendations are as follows: First, perfect witness to identify the procedural rules; Second, improve the protection of the rights rule witness identified;Third, improve the witness to identify the conclusions of the review mechanism.