On Evidence Ability Of The Technical Investigation Evidence

Technical investigation measures are double-edged sword, which not only are beneficialto detect high-tech, intelligent and strong concealment criminal case, but also easy to infringecitizen’s personal privacy. Technical investigation measures play an irreplaceable role inresponse to fast-changing crime for its elusive and efficient advantages. They are widely usedin all kinds of major cases detected, and play a vital role in against crime. But for a long time,the legal system of China hasn’t made specific provisions for the technical investigationmeasures. Therefore, although technical investigation measures are widely used in thepractice of investigation, there is still a big controversy in the process of criminal proceedingsthat material acquired through technical investigation measures can be used as evidence ornot.Both Article35of “Regulations of handling evidence judgment of death penalty”(published on June,2010) and “Criminal procedure law amendment”(passed on March,2012)positive proof the credibility of technical investigation of evidence, but there is no specificprovisions for the principle of its usage, rage and illegal evidence exclusion. So in the judicialpractice, evidence material acquired through technical investigation still can not be used asevidence directly in the trial. Generally, evidence material acquired through technicalinvestigation can be used as the basis of criterions for the conviction, when it is “translatedinto” legal evidence type. But the “translated into” itself has a lot of problems. For this reason,there is extremely far-reaching significance for the judicial practice to solve the credibilityproblem of technical investigation evidence.This article is established in the judicial practice, explores the solution for technicalinvestigation evidence problems in the judicial practice by researching the credibility oftechnical investigation evidence. The author suggests that the key to solve the credibility oftechnical investigation evidence is to set up credibility confirmation rules conform to thesituation of our country, on the premise that there are specific provisions of technicalinvestigation evidence in legalization. And use these provisions to regulate the investigationbehavior of the investigation organization, in order to protect the legal interest of the criminalsuspect or defendant. Thereby, prompt technical investigation evidence to develop better effect in against criminal.