论辨认中的见证人

On the Eyewitness in Identification

根据公安机关办理刑事案件程序的有关规定,辨认经过和结果需要见证人见证才能作为证据使用,但事实并非如此。依托刑事证据学的基本理论,考察国外有关辨认的法律规定,从确保侦查实践中搜集证据的真实、合法的具体使用方法等方面来看,我国刑事诉讼法中的辨认结果不需要见证人亦可作为证据使用。

According to the public security organs＇regulations about the procedure of handling criminal cases, the identification course and result have to be taken as evidence only after being witnessed by the eyewitness. But it is not always true. Throrhg viewing from the fundamental theories of criminal evidence science, foreign laws about identification, and the real and legal concrete usage of evidences collected from practical investigation, this papers holds that in Chinese criminal procedure law the identification result can be taken as evidence without being witnessed by the eyewitness.