侦查中运用辨认措施存在的问题及其对策

Problems and Solutions of Using Recognition Measures in Investigation

尽管辨认在我国侦查实践中发挥着重要的作用,但现实中仍然暴露出实施辨认的条件把握不严、辨认前的询问和告知程序被忽略、主持辨认的侦查人员数量和身份不合法、混杂辨认对象的数量混乱,且陪衬对象的选择过于随意等问题。为了更好地发挥辨认在侦查中的作用,建议进一步加强对辨认的立法、完善辨认规则、制定科学合理的辨认操作程序、加强对辨认的监督和完善对辨认结论的审查判断机制。

Abstract： Revognitinn plays an important role in investigation practice in China, but there stilt are some problems in practices, such as the conditions of recognition are not strict, the procedures of enquiry, and announcement before recognition are Ignored, the quantity and identification of investigators who manage the recognition are illegal, the number of mixed recognition objects is disordered, what＇s more, the choice of people who act as foil is too optional. In order to develop the [imction of recognition in investigation, it is suggested that the legislation of recognition should be further strengthened, the rules of recognition should be perfected, the scientific and reasonable operational process of recognition should be made, the supervision of recognition shonld be enhanced, and the examination and judge mechanism of the conclusion of recognition should be perfected.