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Examination And Judgment Of Technical Investigation Evidence

Posted on:2017-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y DuFull Text:PDF
GTID:2346330536976097Subject:Law
Abstract/Summary:PDF Full Text Request
The technical investigation measures written into the criminal procedure law in 2012 clearly defined that the material collected by technical investigation measures can be used as evidence,providing the technical investigation evidence with evidence qualification.However,there is a huge problem of evidence examination in our judicial practice.In order to solve the problem,this paper in reference to foreign legal provisions of technical investigation measures and advanced rules of admissible evidence,discusses the evidence rules that we should build and improve based on our judicial practice.In the aspect of illegal evidence exclusion rules,it is important to simplify the start-up procedure.Procuratorial organs of technical investigation evidence of legitimacy should bear the burden of proof.The need of further improving technical investigation evidence is identified and as well as the establishment of expert witness system.In the direct censorship rules,we should implement the procedural rules of the direct words.The rule of corroboration,due to the special nature of technical investigation evidence itself,should avoid single technical investigation evidence to identify the facts of the crime accused.In the trial process,the examination and judgment of technical investigation evidence shall be open to the public,and at the same time,the judge should pay attention to the use of formal logic and comprehensive to review evidence.In addition to improving the relevant judicial proof rules,the specific evidence of the classification about authentication rules are also indifferent.It should limit the condition of using of the court to verify the evidence and improve the procedure to verify the evidence.
Keywords/Search Tags:Technical investigation of evidence, Credibility, Probative force, Illegal evidence exclusion, authentication rule
PDF Full Text Request
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