Research On Technical Investigation From The Perspective Of Evidence

March 2012 amendment to the criminal procedure law of the People’s Republic of China "by and implemented, which make up the second chapter 2" technical investigation measures "has been added the provisions of section on crime with other detection technology investigation assimilated advantage, can effectively reduce the detection of red tape. However, due to its acquisition of evidence has concealment, implementing subject has specificity, the implementation process has a strict procedural and for obtaining evidence can be directly, so the evidence analysis based on the technical investigation will become the focus of theoretical and practical circles. There is no perfect technical investigation of evidence system in our country, the technical investigation to obtain evidence collection, fixed, cross-examination still exist many problems, therefore, the technical investigation on learning to study from the perspective of evidence, the hope to achieve for the purpose of theory and judicial practice in our country.This article is divided into four parts.The first part of technical summary of investigation and evidence. Through the definition of the concept of "technical investigation, which leads to the particularity of technical investigation of evidence, and from its value and shortcomings of two dimensions interpretation analysis, is advantageous for the preliminary understanding technology investigation and evidence.The second part is mainly from the system level comparison between China and the provisions of technical investigation of evidence the countries outside. Law for the regulation of technical investigation in our country is relatively late, and only referring to some legal and internal stipulation, and countries outside the provisions of technical investigation of the early start related system is more perfect, the contrast can be seen that our country law about the lack of technical investigation regulations, so as a turning point in the search for a perfect path.The third part mainly from the aspects of entity and procedure analyzes the plight of the technical investigation of evidence used and why. Concrete evidence from points to modify technical investigation before and after the first use, to the situation of investigation of evidence and analysis technology in entity and procedure two aspects concrete facing predicament, and dug up the causes of trouble, what is to perfect the specific technical investigation of evidence system in Chinese below the stage.The fourth part through the above analysis is put forward to perfect the technical investigation of evidence system in China’s personal opinion. In view of the above analysis about the technical problems in the investigation and evidence, with the help of the legislative design, technical investigation of evidence rules of evidence rules, certification and effective regulation, illegal evidence elimination rule in order to achieve the effective use of technical investigation and evidence, finally realizes the criminal of the purpose of the crime.