完善辨认证据效力之构想——从佘祥林杀妻冤案说开

On the Perfection of Validity of Identified Evidence -From the Case of Yu Lin-xiang

佘祥林杀妻错案的酿成,源于对尸体之辨认错误。辨认的目的是为取证和查明案情。我国刑事诉讼法虽未规定辨认为侦 查措施,但辨认与某些法定侦查措施如言辞证据并无根本差异。辨认结果的证据效力与辨认主体、辨认客体、辨认过程密切相关 辨 认结论作为证据的使用条件必须要严格按照辨认的规则进行的,方法没有错误;辨认结果是科学可靠的;辨认的结果得到其他侦查 材料的印证。在立法上提出关于辨认的相关建议。

The misjudged case of Yu Linxiang＇s killing of his wife resulted from the error in identifying the corpse. The purpose of identification is to get evidence and find out the truth of the case. Although the criminal procedure law in China hasn＇t taken identification as an investigational measure, it has no principal difference from other investigational measures, such as speech evidence. The validity of the identified evidence is closely related to the subject, object and process of identification. The identified evidence can serve as evidence only when it is gained according to the principles of identification and proper methods.