Research On Technical Investigation Of Audio-visual Materials Application Problems

After the amendment of criminal procedure law stipulates, adopt the measures of technic al investigation to collect the materials can be used as evidence in criminal proceedings, thus clear the status of technical investigation evidence in judicial practice. Technical investigatio n of audio-visual materials as having secret, direct, strong objectivity of evidence, in the whol e system of technical investigation evidence, audiovisual materials plays an important role in th e criminal judicial practice, has an important position. With the development of science and t echnology, technology detection means constantly updated, Jizhen audio-visual materials occup y more important position in the evidence system, will become the future collection of evide nce, the use of important direction. Therefore, examination and use of good technical investigat ion of audio-visual materials, improving the quality of cases to ensure the judicial justice, to prevent miscarriages of justice has important significance. However, in judicial practice, Jizhe n audio-visual data collection and use of the existence of many problems. The forensics subje ct is not legitimate, forensics program is non-standard, forensics content is not complete, the in terrogation procedure is imperfect and so on the existence of the problem, leading to the sco pe of application of technical investigation evidence is narrow, the application of the ratio is n ot high, seriously affecting the effectiveness of technical investigation of audio-visual materia l evidence. However, in the process of modern criminal investigation, by means of technical in vestigation to obtain audio-visual materials detected cases is the trend of the times. Only corre ctly understand the importance of technical investigation of audio-visual material and its impor tant role in criminal cases, and master the key technical investigation of audio-visual material s review, make technical investigation of audio-visual materials meet the legitimacy, objectivity, relevance requirements, it can better play the effectiveness of technical investigation of audiovisual material evidence, thus revealing the truth of the facts of the case. The criminal plead g uilty, and to protect innocent people from criminal prosecution, protect the legitimate rights an d interests of citizens, to prevent the occurrence of unjust, false and wrong cases.A large number of experts and scholars on the legitimacy, objectivity, relevance of the e vidence review, evidence of effectiveness, the evidence rule’s researched and proved in detail, solve the examination of evidence, the use of the general, the principle problem. But the app lication of problem not Jizhen means acquisition of audio-visual material to conduct special stu dies, because the evidence has the particularity, the main means of secret, form of objectivity, th e applicable scope of specific characteristics, problems, doubts, the focus of controversy mor e and general evidence in application, theoretical research the need to continue in-depth, the ex isting legal provisions still need further improvement. The author tries to get focus from Jizhe n means of audio-visual material applicable to special problems, difficulties and, on the basis o f the experience of experts and scholars on the research results, combined with the practical experience of their own, put forward own viewpoint and the countermeasure.The first part of this paper intends to define the subject domain, will reduce access to aud io-visual materials concept for Jizhen means of audio-visual materials: obtaining Jizhen mean s of audio-visual materials, is refers to the public security organ, the procurator organs throug h legal approval procedures, through technical means of investigation, obtaining the secret abou t the case of audio-visual materials. Because of the particularity of means, will inevitably lea d to the conflict of value of public power and private power, through the analysis of its char acteristics, value, to obtain the demonstration of technical investigation means of audio-visual material specification review, the use of rules of important research value and perfect. The se cond part of this paper, the new criminal procedure law will obtain Jizhen means of audio-vis ual materials as legal evidence of the legislative background, theoretical basis, practical signific ance, focuses on the new criminal procedure law will Jizhen means to obtain the audio-visual materials as legal evidence for law enforcement standardization, the human rights safeguard s ystem, crime means the science and technology, demonstration analysis. The third part of this paper, research status, application analysis to obtain Jizhen means audio-visual data and existing problems. Based on the case studies in the judicial practice, the status quo of discovery of e vidence, the evidence is Jizhen means obtaining audiovisual data conversion, the evidence proc edure is analyzed. Study on the transformation methods, especially the judicial practice of audi o-visual data acquisition technical reconnaissance means means, type. Combining the case, law, p ractice and related theories, analyzes detailed Jizhen means to obtain the application of audio-v isual materials problems. Analysis and demonstration from judicial practice and related theory, find the means to acquire the technical investigation of audiovisual materials application of e xisting the crux of the problem. The fourth part of this paper, in the third part, based on the analysis of in-depth study, obtain more information through research, research exists Jizhen me ans acquisition of audio-visual materials applied problems, put forward the countermeasure. In the guiding principles of the breakthrough, the interrogation rules of evidence are reviewed wi th the emphasis on the perfect and put forward their own views and opinion.