The Study On The Application Of The Evidence Through Technologic Investigation

In 2012, in order to step into the orbit of the legal system, the technological investigation measures were regulated in CRIMINAL PROCEDURE LAW through five articles, which is not simply to adapt to the international trend gradually. More importantly, it is a legal practice of the country’s rules and power. It is clearly defined in the 152 article of CRIMINAL PROCEDURE LAW that those materials obtained from the technological investigation can be used as evidences, which is of great importance to improve the punishment of the crime.Yet, this is just a general rule which is lack of practice. There is still no key to how to judge the validity of the evidence obtained from the technical investigation in our law. The rule about the technical investigation is still too simple to satisfy the the judicial practice requirements. The main problems are the ambiguity of the users and the operating conditions,the qualification of illegal evidence exclusion rules are not satisfied as well.Via analyzing the related rules, it can be infered that only with the specificity of the users and the qualification on the technological investigation materials, the adequate illegal evidence exclusion rules and the change of the using pattern can the legal and reasonable identification of credibility of technological investigation materials be possible...