Review And Judgement Towards Identification Records

As a kind of way to keep track of the process of criminal identification,the identification record is established as the record of a formal kind of evidence in the Chinese Criminal Procedure Law in 2012.The identification record is widely used in the judicial practice.It plays an important role in confirming the facts of cases.But in the process of court trial,the review and judgment lack of specialized pattern,becoming formalistic,different places have different approaches,the court almost never doubted the capacity of evidences and weight of evidences,using them directly as basis of verdicts.This kind of practice results in the decrease of the credibility of the evidence and lower the quality of the cases,also brought about the happening of the many misjudged cases in the judicial practice.By summarizing the current situation and problems of the review of identification record and comparative analysis of review and application of identification record in Anglo-American Law System and Civil Law System,this paper aims to further improve the review and judgment pattern of identification record in our country,figure out the problems mentioned in this paper,improve the value of identification record in the judicial practice and protect the fairness and justice of law.This paper consists of four parts.The first part is the overview of criminal identification and identification records,mainly discussing the concept and characteristics of criminal identification and identification records,analyzing the differences between identification records and other types of record evidences.In addition,this part contains the analysis of the capacity of evidences and weight of evidences of identification records.The second part elaborates the problems in the review of the judicial practice of China to identify the record.First of all,the imperfect identification rules lead to the defects inevitably when identifying the record contents;secondly,the review ways of the current courts to identify the record are not uniform,mainly including the written trial,when the defense calls in questions,the court organizing to survey and letting the related personnel testify in court,etc.;several conditions for the adoption of the identification record mainly are full acceptance according to the review,acceptance and rejection after surveying,etc.;lastly,the crossexamination of court to identify the record performs no function practically.The third part mainly discusses the review and application of the foreign countries to identify the record,and analyzes the pros and cons of the preparation,review and application for the identification record of the several representative countries selected from Anglo-American Legal System and Civil Law System respectively,which provide reference for the improvement of the review mode of identification record of our country.The fourth part puts forward some suggestions on how to perfect the review mode of the identification record of our country through combining the deficiencies of the review of current China to identify the record and the foreign experience worth learning from,which mainly are to perfect the substantive review mode of identification record,examine the audio and video data in detail and establish the system of cross-examination for the identifying people and investigators(mainly the polices),etc.