Research On The Verification Of Obtaining Evidence By Technical Investigation Out Of Court

Verifying of obtaining evidence by technical investigation out of court(article referred "JiZhen case out of court to verify") is the new content of the criminal procedure law,Itconcentratedly reflects the value conflicts and contradiction between the value of crimecontrol and safeguard human rights. Criminal procedure law not only makes the technical investigation legalization,which bese on JiZhen case out of court to verify, and also determinesMaterial provisions of the technical investigation to obtain evidence can qualify.On using of evidence in technical investigation, the criminal procedure law allows using the way of common, protective mode and verifying the way out of court. The vague conception and particular way to obtaining the evidence of technical investigation and judicial present situation easily change the way of using evidence obtaining from technical investigation,which means that the common way, protective mode and verifying the way out of court easily transform into one way-verifying the way out of court. It has difference between JiZhen case out of court to verifyand the traditional investigation(article referred "traditional case out of court to verify"). So the provisions of traditional case about verifying the evidence out of court shall not be applicable completely. JiZhen case out of court to verify appears crude,it more emphasis on crime control value. Because JiZhen case out of court to verify lack procedure and relief, it is easy to ignore or even deprive the defendant's right of cross-examination, and overhead the trial material, then the risk of a secret trial arise. We can't deny the legislative intention and value of a program or system because of its defects.We should bring the effect of legislative intention and value in better way by perfecting the application or system, by overcoming the defects.Constructing lawyers participating in JiZhen case out of court to verifyevidence,to play their roles, and to restrict the procedure,it can not only improve the of JiZhen case out of court to verify evidence, but also can find out the factson the basis of justice procedure and sufficiently protect the defendants' right of cross-examination, which in line with the value goal and protecting human rights of criminal procedure law.The article is divided into four parts.The first part is the backgroud of JiZhen case out of court to verify.Technical investigation and its evidencearethe backgroud of JiZhen case out of court to verify.First of all,through the investigation on the academic concept of technical investigation, the author,based on the perspective of legal text, defines technical investigation. And then, the author analyzes the value of criminal procedure law to legalize the technical investigation. Finally,the author analyzes the evidence types, particularity and review of the technical investigation to obtain.The second part is the verification system ofJiZhen case out of court. First of all, this article,on the base of investigation to verify evidence system,defines the JiZhen case out of court to verify and analyzes its value. Secondly, the author puts forward the problems that exist in the legislation by analyzing the specific content of JiZhen case out of court to verify what's more, through comparing with traditional case out of court to verify, the author analyses the characteristics of JiZhen case out of court to verify. Finally, through comparing with ordinary and protective methods, the author analyses the difference and contact betwwen it with ordinary and protective methods.The third part is to study the problems existing in the system of JiZhen case out of court to verify. JiZhen case out of court to verify is lack of specific procedural rules, which resulting in many of the problems. Considering on value, the contradiction between JiZhen caseout of courtto verify with the defendant's right tocross-examine and trail substantively;In judicial practice, JiZhen case out of court to verify exists the risk of secret trial; On the relief program,it lacks of corresponding relief measures.The fourth part is to make the supplementary of JiZhen case out of court to verify. Based on the characteristics and problems existing in technical investigation JiZhen case out of court to verify.The construction of program needs two aspects: on the one hand, legal principle,main body of participation, verification methods, processes and procedures relieves is the core of this program, on the other hand, Program need to have the corresponding supporting system, including the system of secrecy and risk controlling, the court before meeting with the discovery of evidence linking system, the investigators to appear in court system,.the system of identfication and expert assistant.