Evidence Collection In Technical Investigation

In 21 st Century, economy, society, science and technology of China are showing the trend of rapid development, at this stage of the crime and the illegal behavior compared totraditional, reflect the diversity, careful planning, in great number, longer duration. In the face of such a complex environment, the judicial organs obviously feel stretched by using the traditional investigative measures, the measures of technical investigation as a new means of investigation, the application in practice is more and more widely, and its role is growing. For a long time, our country has no clear legal norms of the measures of technical investigation, only some provisions in the "people’s Republic of China People’s police law of the people’s Republic of China" and "national security law", the provisions in the face of increasingly severe high-tech crime, crime is very weak, the academic circles and the judicial practice requirements the technical investigation into the "criminal procedural law" the voice is getting higher. In 2012, 《the people’s Republic of China Criminal Procedure Law》 will belisted for the investigation of technical investigation measures clearly defined, for the first timethat evidence obtained by technical investigation measures without transformation applied directly to the proceedings, the legislative progress. The use of foreign countries on technical investigation evidence on the use of felony principle,principle, principle of strict procedures. In contrast, our use and adoption of technical investigation evidence of a late start, many provisions are relatively general principles, lack of maneuverability is not strong, the practice guidance and regulation. It is often seen. abuse oftechnical investigation measures to collect evidence in the judicial practice, is extremely easy to privacy and other legitimate rights violations, we must solve the adoption of evidence obtained by technical investigation in our country. Through the improvement of legislation, the scope of strict restrictions on the measures of technical investigation, the approval of the subject and procedure, improve the classificationof evidence; in the framework of the pretrial conference system, outstanding ability oftechnical investigation evidence review, the court before the meeting will be in the form ofevidence and issues related to program in front, let the defense evidence can contact timely and comprehensive, fully prepared to defend the views, the protection of the defense of litigation rights; Establish and improve the supporting measures of protection of evidence, the defendant to obtain the right to use the same technology investigation, in violation of the defendant or the third person’s legitimate rights and interests, to give the corresponding action and the right toapply for state compensation, if the circumstances are serious, but also to pursue legal responsibilities related personnel investigation organs, to bear the the corresponding legal consequences, so that the legitimate rights and interests of citizens effectively safe guard.