Study On The Legal System Of The Application Of The Evidence Collected By Technical Investigation

More modern technical investigations have been applied in the fight against the criminal cases. However, the laws and regulations referring to the technical investigation leave an empty area. The newly Criminal law amendment made some principles referring to technical investigation, but there still leaves an empty area about the conservation and application of the evidence collectedby technical investigation. This article mainly focuses on the instruction of the laws and regulations referring to technical investigation in some foreign country, trying to make some research and discussion on the application of the evidence collected by technical investigation. Our task is that we should make some legal system which should protect the human rights in the application of the technical investigation fighting against criminal cases. Our study start from the research of the legal nature of the evidence collected by technical investigation and then we step into the research of the necessity of the legal system referring to the conservation and application of the evidence collected by technical investigation, and also make some comparison of the said system in some foreign country and in our country. The last topic of this article is the research of the application of the evidence collected by technical investigation.This article is separated into four chapters. In Chapter One, we try to make the legal definition of technical investigation. Then we make some search of the nature interrelation between evidence collected by technical investigation and other evidence collected in criminal cases. The last topic in this chapter is the necessity of legal system referring to the conservation and application of the evidence collected by technical investigation. In Chapter Two, we will make introduction of the foreign legal system referring to the conservation and application of the evidence collected by technical investigation. We also make some comparison of the said system between foreign country and our country. We will summarize some advanced experience in the said foreign legal system. In Chapter Three, we try to make the comparison of the legal system between the old criminal law and the newly criminal law amendment. We try to reach the conclusion that there are still lots of disadvantages both in legislation area and juridical practice. The arbitrarinessoriginate in the lack of referred laws and regulations. In Chapter Four, we try to make some suggestion on our legislation referring to technical investigation on the basis of the study made in the above three chapters. To set up a legal system referring to technical investigation, we should establish the legal system on the conservation and application and destroy of the evidence collected by technical investigation. The legislation referring to technical investigation will ensure the legal validity of the application of the said evidence and will also ensure the protection of human rights.