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在实践中,辨认是常常为侦查机关提供犯罪线索的侦查措施,它在确定犯罪嫌疑人、固定犯罪证据等方面有着不容忽视的作用,而我国刑事诉讼法中却没有明确规定作为侦查措施的辨认制度,造成了理论与实践的脱节,甚至由于辨认错误导致冤案发生。在立法上如何对辨认制度进行完善、构造程序性制约机制,乃是亟待解决的问题。
In practice, identification is a measure of investigation that often provides criminal clues for investigation agencies. It plays an indispensable role in determining criminal suspects and fixed criminal evidence. However, China’s criminal procedure law does not clearly stipulate the investigation as a detection measure System, resulting in a disconnect between theory and practice, even as a result of misidentification led to injustice. How to perfect the identification system and construct the procedural restriction mechanism in the legislation is an urgent problem to be solved.