Build On The Technical Evidence Investigation System

In modern criminal proceedings, technical evidence to its special function and role as an important means of identifying the facts and methods. Application of the Method of Science and Technology is a core element of technical evidence and basic features. This feature is also technical evidence the court finds that the use of accurate facts of the case presented a challenge.Mode of action in terms of doctrine, the court the facts in evidence to assume the "verification" of responsibility, evidence of investigation is the core of the court, evidence of the technical investigation and determine the proper role of judges.Technical evidence of substantial value for criminal proceedings, technical, scientific and subjective evidence of the coexistence of features as well as legislative and judicial interpretation of cross-examination of the evidence requirements together determine the necessity of technical evidence investigation. Investigation of technical evidence on the existence of the legislative criteria is unknown, cross-examination requirements and obscure; judicial practice there is also investigated directly without the use of technical evidence, identified the phenomenon of repeated flooding, discovery, loss, low rate of Expert Testimony condition survey system is imperfect because of technical evidence to lead to injustice, wrong case occurred.Common law countries, mode of litigation by the party system of expert witnesses, technical admissibility of the evidence and made a comprehensive survey of proof provisions in the court against the competition effectively present the case before the judge the truth, reflecting the A thorough investigation of the evidence. In view of expert civil law countries "court assistant" position and its proceedings and judicial cooperation and trust between the long-term, technical evidence the court has a tendency to over-confidence, lack of scientific independence of the investigation. Because each has advantages and disadvantages, common law adversarial system of technical evidence in investigations and civil law expert conclusion authority principle of mutual absorption occurs investigation system and integration trends. From the criminal justice and efficiency point of view, the evidence of Investigation System in the technical integration of civil law and should be the merits of common law, while fully taking into account the actual situation in China. First, survey evidence of problems that cause obstacles to the source of the technical issues, follow the idea of an independent accreditation bodies, will identify the functions of foreign police and prosecutors from the peel; optimize the identification of startup mode, while retaining the police, prosecutors and identification of the identification of candidates for any decision right based on the increase of crime in the identification of suspects or accused's rights; the strengthening of accreditation bodies and qualification of management. Second, to follow the requirements of professional technical evidence, the investigation of the main technical evidence optimized, integrated technology resources idle justice for judges with "technical assistant" to strengthen the technical evidence in the investigation of the certification. Three technical evidence is clear survey content. Including the admissibility and probative force investigation, admissibility of evidence investigating the legality of the technical content and relevance of surveys to prove that force survey includes identification and the facts to be proved the relationship between the nature and extent of the basis for identification of the reliability of conclusions , identification of the main professional accomplishment, identification of the main objective and neutral, conclusions and other evidence prove the degree. Fourth, the survey method to implement the technical evidence. Primarily for pretrial discovery of evidence, expert witnesses to appear before cross-examination, the establishment of the court expert consultants.