The Research Of Several Problem In Using Technical Investigation Evidence

Dealing with various high-tech and organized crime, "Criminal Procedure Law of the PRC"(Amendment), in 2012, officially gave technical investigation materials to the competency of evidence. It is the first time that technical investigation evidence play a role in our national criminal procedure. The judicial circle of our country has taken "transformation" mode of technical investigation evidence for a long time.Being short of using experience,the legislation failed to detailed regulation of technical investigation evidence. This caused several problems in using such kind of the evidence. For instance, how we deal with the evidence "transformation" mode? The judge verify the evidence alone or let the prosecution and defense join in court to verify the evidence ? How to guarantee the safety of witnesses and keep the technical investigation method secretly, while protecting the defendant's right to defense? How to ensure that the technical investigation ofevidence is not abused? Innocent person will be punished due to the flaw in Criminal Procedure Law. Facing these problems, many Chinese scholars have being researched in Western legal system to work out.But they failed to find a way which suits our national law system to solve the problem. In the practical fields,many policeman, especially who work in the technical investigation, expressed reservations in the use of such evidence publicly. Therefore, the practice is not uniform around our country. Based on the available information of the reference, the essay discusses the problems existing in using technical investigation evidence,and try to find the solution in accordance with our national conditions.Currently, I think the reason that cause the problem in using technical investigation evidence are as follow. Firstly, investigating authorities are worried about using technical investigation evidence in open court. They think it will leak the secret of this investigation and be harmful to the technical investigation work in future. Secondly, our people generally seek the pursuit of justice. They, including some judicial officers, do not care about the legality of the program. Finally, restricting between the judicial system is scarce. In the same time, technical investigation should be supervised.The paper is based on a large amount of data and combined with my own work experience, propose some advice as follow in order to solve the problem of how to use the technical investigation evidencelegitimately.1.Formulate some detailed rules in use of the technical investigation evidence.2.Strengthening the supervision of technical investigation. The court is responsible for the examination and approval of starting technical investigation proceedings.3.Illegal use of the technical investigation evidence must be punished in law.4.Guarantee litigant's the right to know and to relief in the cases which using technical investigation evidence.