Research On Technical Investigation Evidence

Technical investigation evidence,which is refers to the public security organs after strict examination and approval,through the use of a variety of secret equipment and techniques,the object involved in the criminal cases and the implementation of secret investigation to obtain evidence,all kinds of technical investigation evidence to ascertain the facts of the crime and the acquisition.According to the division of technical investigation evidence technical investigation evidence can be divided into visual evidence physical evidence,electronic evidence,records,information four kinds of evidence.The technical investigation include strong technology and secret element,which is a special nature of technical investigation evidence,making it in the investigation of high crime tech,new crime,crime is hidden in the process of playing on high tech crime found early warning,real evidence effect,conviction and sentencing the key role is richly endowed by nature advantage.According to the relevant provisions of China's new "criminal procedural law",the evidence collected in the technical investigation measures in the process,can be used in the investigation of crimes,prosecution and trial.Due to China's promulgation of the new criminal procedure law for a short time,technical investigation evidence legislation system and regulations are not perfect,for the technical investigation evidence on how to regulate the use of legal provisions lack of perfection.The author analyzes the specifications and features of advanced countries of different legal systems of the foreign technical investigation of the legal system,as a summary of the legal system of our country for reference.The technical investigation materials obtained can be directly used as evidence,is a great progress of China's "Criminal Procedure Law",but also to combat crime ability has a great improvement,but due to the criminal procedure law and not on the evidence obtained how to effectively identify and make detailed provisions,too superficial although the form allows evidence can be applied to the technical investigation and prosecution and trial,but not on the technical investigation evidence acquisition way,way is valid,for the use of technical investigation evidence of how to carry out the audit supervision,for the illegal use of technical investigation evidence of damage to the judicial relief and other issues make detailed provisions,the author with China's judicial In practice,analysis of the main way of China's current common used directly and "conversion" of two kinds of technical investigation evidence materials,due to the lack of the technical investigation evidence examination and effective supervision,so as to lead free to expand the scope of technical investigation measures,leading to a citizen's privacy violations,and not ensure technical investigation evidence credibility in judicial acts,the unfavorable situation of the fruit of the poisonous tree,there is a danger,equivalent.Therefore,how to effectively inhibit the growth in crime and protection of the rights and interests of the people to find the right balance,the author find out the technical investigation evidence appears in process of judicial practice problems in the thinking of perfecting the laws and regulations of the specific implementation details of measures of technical investigation and summary of the pros and cons of the emergence of the intrinsic reason and contradictions,and with the reality of our country,find the problems and reasons of technical investigation evidence ability.Finally,through the analysis of the technical investigation legislative level and system level issues,summed up the following five points:to further clarify the legal system to regulate the use of technical investigation,technical investigation evidence guidance,safeguard judicial supervision system and external supervision Double track system and orderly operation,improve the protection of human rights principles from the legislative level,the establishment of technical investigation evidence qualification system,perfecting the relief means and the provisions of the corresponding legal consequences.Through the implementation of the above views,and gradually improve the construction of China's criminal evidence law system,has great reference value and practical significance.