Problems And Countermeasures In The Use Of Technical Investigation Evidence

Technical investigation has great help in solving some specific or difficult casesbecause of its characteristics of technology,secret andmandatory.Technical investigation can play in the effective suppression of crime trends when the crime is becoming increasingly complicated and scientific.The technical investigation can alsoimprove the efficiency of the investigation of criminal cases and reducethe cost of the investigationat the same time,so the study of the technical investigation has a great impact on criminal proceedings.The technical investigation and criminal proceedings are facing new challenges and containing further development opportunitiesat the same time.The provisions of the 2012 amendments to the "Criminal Procedure Law" adopted specific operating procedures of the technical investigation measures in order to obtain the provisions uniform and clear,then technical investigation become more and more important.As the appearance of new things,technical investigation evidence brings a series of problems.This paper focuses on the analysis of the problems and Countermeasures in the use of technical investigation evidence,and it usually startfrom the most fundamental concept like technical investigation and other related basic concepts.In China both the theory and practice abouttechnical investigationare ambiguous,this paper discusses the basic theory of the problem —— the definition of related concepts about technical investigation.At the same time,analyzing of the development of extraterritorial technical investigation experience from a historical and comparative perspective can put forward China referential experience.Based on this,the author summarizes the specific problems of technical investigation measures in China's legislation and judiciary,and discusses the influence of the hidden problem behind the "Investigation Centered" and the "Arrest Centralism" on the whole criminal procedure in China.Overall the legislation is too rough,the principle is fall short ofjudicial practicing and the purpose of the legislation does not improve the realization of the detailed provisions.In order to solve these problems,combined with the above analysis of the foreign legislative experience,the author put forward six aspects about reform approaches and solutions,such as the establishment of admissibility rules,the establishment of technical investigation evidence and decide the main qualification system,improve the technical investigation evidence before the meeting ofthe review and the establishment of specific transfer system,construction of quality certification system,construction of the supervision system of the use of technical investigation evidence,and the remedy of the technical investigation.Those new perspectives and ideas for further development are also proposed to improve the current judicial environment in China.