Analysis Of Evidence Law Of Informant Investigation

With the progress of science and technology, crime increasing shows concealment and intelligence. As a special investigative technique, the informant investigation has very important meaning for the detection of major and complex crimes. However, the implement of the informant investigation is based on the application of deception, which infringes the citizen’s autonomy and privacy. And the secrecy of the informant makes it difficult to carry out the supervision over investigation activities, the informant may seek own personal gain and adopt illegal ways beyond the legal permissibility to obtain evidence, even glove with the investigators, fabricate false evidence and frame the innocent.On the other hand, as the informant investigation is lack of legal basis, and the original intention of protecting the informant’s personal security, the evidence obtained by the informant can’t be directly applied in previous judicial practice. It firstly needs evidence transformation, but the closure of evidence transformation makes the process of obtaining evidence illegally concealed, further increasing the risk of abuses of the informant and investigative organization. At the same time, to the examination and judgment of the evidence obtained by the informant, the court usually takes the informant’s personal safety as the core, especially when the informant stated the testimony, and allow the informant not to appear in court, thus making the defendant unable to question witnesses to the testimony of the informant, and depriving the Impartial jurisdiction of the defendant. It is also difficult for the court to examine and judge the evidence of the informant, and it often result in the blind adoption of the informant’s evidence. But the evidence obtained by the informant usually plays an important role in the case; blindly adopting the evidence without evidence ability will lead to serious consequences, and even lead to unjust, false or wrong cases.This article takes the case of Zhang Gaoping and Zhang Hui for instance, combining the domestic and foreign relevant legislation and practice of the informant investigation, and analyzes Yuan Lianfang’s illegally means to obtain evidence, false testimony and the court’s evidence verification out of the court, and then give some advice on the regulation of the informant, the examination of the evidence ability, in order to do something helpful for the legalization of the informant investigation.This article consists of three parts:preface, text, and conclusion. The text is divided into the following four parts.The first part is the case introduction. It briefly introduces the basic information about the case of Zhang Gaoping and Zhang Ilui, and leads to the major dispute points involved in the case:(1) Properties of the informant’s violence and threat for obtaining the evidence and evidence transformation;(2) Properties of the informant testimony, whether the testimony could be used to confirm and reinforce the defendant Pre-court confession;(3) Whether the informant should appear in court as a witness, and whether the court can verify the testimony out of court;(4)Whether the informant’s behavior of collecting evidence constitutes the crime of perjury and extorting a confession by torture.The second part is theoretical analysis of the relative questions of the case. Including system overview, the legal regulation which informant investigation apply to, the ability of the evidence obtained, the evidence application, and the evidence examination. Through the analysis of a series of problems above, launching an in-depth study on the informant investigation, and mainly introducing the legal tolerance of the informant’s behavior of collecting evidence, the transformation usage of the evidence obtained by the informant and the review mode of the evidence by technical investigation in the new criminal procedure law.The third part is based on the theoretical analysis in the last part, conducting an empirical study of the questions of the informant investigation in the case of Zhang Gaoping and Zhang Hui. The informant Yuan Lianfang illegally obtained the evidence by using of violence or threat, the evidence should be excluded according to law. But the evidence of the case illegally obtained by Yuan Lianfang was translated, forming into two evidence of the confession of the accused and the witness testimony. At the same time, the court verified the testimony out of court and used it to confirm the Pre-court confession, becoming the key of the generation of the mishandled case.The forth part is further consideration and suggestion of our countries’informant investigation, including the establishment of approval mechanism of using the informant and improvement of the examination mechanism of the informant evidence, thus regulating the informant investigation from the whole criminal procedure of the usage of the informant-the informant obtains the evidence-the evidence examination.