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Study the Investigation Identification System

Author: LiuChao
Tutor: ShenJunGui
School: Xiangtan University
Course: Procedural Law
Keywords: Investigation Identify the Rule of Investigation Identification the Procedures of Investigation Identify
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 169
Quote: 0
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Abstract


Investigation identify is an important investigative measures, the foreign countries have detailed regulation about the investigation identified, but the Chinese Code of Criminal Procedure do not regulate it. the reason is that the domestic research on the theory of identification identified is lack. so, the legislators donot pay attention to it, this essay want to study the investigation identification system, to enrich the theoretical foundation of investigation identify, to guide the judicial practice of investigation, The full text is compose of three parts.Part1:the theory of investigation identification system by three components. First, the summary and analysis of existing national scholars on the definition of the investigation identification. then put my opinion of investigation identification, describe the characters and the task of investigation identification, clear the relation of investigation identification and identification. Second, according the different of criteria to classify the investigation identification, for example the victim identification, the witness identification and the suspect identification. the identification of the goods, the identification of the body and the place, public identification and secret identification, direct indentification and indirect indentification. Finally, the principle of investigation identification, from the philosophical point, discuss the thing of difference stability and the reflect. then from the psychological view, talk about the mechanism of investigation identification.Part11:the Rule of investigation identification, it is consists of six elements, from the perspective view, disussed the six rules, namely, the rule of identify before inquiry, the rule of identify before remind, the rule of objective identify, the rule of mixed indentify, the rule of the result be told after indenty, First, introduce the meaning of each rules, Secondly, describe the each rules from another point, Finally, talk about our the investigation identification.Part111: the present situation of investigation and the improvement of investigation identification, it is compose of three parts. First , the status of investigation identification system, from the view of legislation and implement, Second, discuss the shortcomings of investigation identification, for example, the levels of legislative identification is low that canot meet the need of judicial practice; the rule of investigation is crude and inconsistency; the procedure of investigation identification is operated randomly; the conclusion of investigation identification canot be used as evidence. Finally, improve our investigation identification system, the code of criminal procedure pay attention to it, unified the rule of investigation identification, improve the procedure of investigation identification, clear the evidence effectiveness of investigation identification.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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