The Study Of Several Problems In Technical Investigation Evidence

Technical Investigation Evidence (TIE) makes an unique role in prosecution of crimes a special evidence. The representative of Western countries, such as The United State, England and Germany, have made a deep study on the evidence of technical investigation and strictly regulated it early by law. But it has been started much later in our country, and the system is imperfect. The regulation of technical investigation materials in Criminal Procedure Law (bill of amendment) have launched a new era of TIE. However, it has been very simple and slipshod, can’t satisfied the requirement of judicature practice. Particularly with regard to technical investigation material use, interrogation and the exclusion of illegal evidence in urgent need of further perfection of legislation.Technical investigative materials not only involve trade secrets, personal privacy, but also contain technical investigation measures. In order to detect the content of state secrets, to maximize the protection of these secrets are not disclosed and spread, technical investigative materials in use must be limited, and should follow the principle of felony, the final principle, the necessity principle, original priority principle four principles.Trial court personnel to verify technical investigation evidence in violation of the program on interrogation of the provisions, deprived of the right of interrogation of the defendant, contrary to the principle of open trial. And the trial staff can not have the professional skills of the technical investigation measures. The court verify the technical investigation the evidence is easy to make the judicial officers to form preconceived prejudices, while public security three organs weight with light supervision litigation mode allows the court to verify the purpose of the technical investigation of evidence is difficult to achieve. Such practices not only violate the procedural justice, but also will suffer substantial justice achieved. From the purpose of interrogation, to safeguard the procedural rights, and to avoid the "secret operations" perspective, it should be interrogation of the technical investigation evidence. According to the Supreme People’s Court on the Implementation of the Code of Criminal Procedure of problems interpreting the provisions of Article62, evidence of technical investigation should choose a non-public interrogation. While building the technical investigation of cross examination of evidence rules, it is necessary to establish and improve the technical investigation materials used as evidence to inform system, giving the protectorate to examine and verify the investigation weight of evidence, the technical investigation of the evidence and the expert witness system, technical investigators to testify in court system and other supporting systems.With the protection of human rights into the constitution, experts and scholars for the study of the technical investigation is deepening of the initial establishment of the rules as well as domestic illegal evidence exclusion’s established, take the exclusion of illegal technology investigation evidence in practice has realistic feasibility. Based on China’s national conditions and the existing legal basis, while using the exclusion of evidence of illegal technical investigation, should consider the balance of crime control and protection of human rights. Therefore, excluding the mandatory and discretionary exclusion combination mode is the ideal model to exclude evidence of illegal technical investigation. And the defendants and his defenders (defense lawyer), investigation, prosecution, courts may become excluded subjects start. The choice of exclusion, should be determined according to the severity of the violation of legal procedures of compulsory exclusion or discretion to exclude.