澄清同一认定

摘要

The identification theory is very popular for a long time and is widely considered as a useful tool, while it is considered useless in practice. The modem logic analysis method is applied to analyze the identification theory by which the targeted subject is actually a restricted description and inspected subject is just a proper noun. These two subjects hold different meanings and it is not a matter of identity at all. The subject is actually a sen- tence that contains restricted description and it gives individual a property. The so called identification is fictitious produced by wrong use of language, from which the wrong concept of identification theory is born. The clarification of identification theory liberalizes human thoughts from the ruling of language.%同一认定理论的流行让人认为它是有用的，但它实际上是无用的。运用现代逻辑方法分析同一认定命题，在特定案件中，被寻找客体是限定摹状词，受审查客体是专名，单称的同一认定命题是一个含有限定摹状词的句子，它赋予个体一个性质。同一认定涉及的是个体识别问题，全称的同一认定命题实际上是不存在的。全称的同一认定命题是在语言形式上对全称理论命题的模仿，在逻辑上制造了混乱，对同一认定命题意义的澄清可以消除这种混乱，在刑事技术中恢复清晰的逻辑。