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辨认是侦查实践中应用极为广泛的一种侦查行为。但是,由于人类认知与记忆能力方面的局限导致辨认结果并不一定能如实地反映客观真实。在保证辨认结果的客观性和辨认程序的公正性方面,西方法治国家为我们提供了诸多制度经验。当前,我国刑诉法修改在即,辨认程序在制度上的缺位与理论上的缺席亟需改进,为此从制度原理与运作机制等程序维度来考察辨认程序较有裨益。
Identification is a kind of investigation which is widely used in investigation practice. However, the recognition of the results due to the limitation of human cognition and memory does not necessarily reflect the objective reality truthfully. Western countries under the rule of law have provided us with many institutional experiences in ensuring the objectivity of identification of results and in the fairness of procedures. At present, the revision of the Criminal Procedure Law in China is imminent, and it is necessary to improve the recognition of the absence and the absence of the system in the system. Therefore, it is helpful to examine and identify the procedure from the perspective of the system principle and operation mechanism.