Study On Legislation And Trial Practice About Wiretap Investigation And The Evidence Materials Collected Thereform By Technical Investigation

Criminal cases concerning narcotic drugs present obvious characteristics e.g.drug transporting predominates in amount,the crimes are often committed in gangs and the drugs are trafficked and transported in a long chain,each link being relatively independent.Under such a circumstance,the traditional means of investigation is insufficient to meet the needs of the current drug crime investigation,so a considerable number of drug-related cases are detected through technical meas.In order to adapt to the new situation of punishing drug crimes,Criminal Procedure Law of China was revised in 2012(hereinafter referred to as the“Criminal Procedure Law”)and it is expressly prescribed that technical meas of investigation,if be strictly censored,can be adopted in serious drug crime investigations,this revision of the law finally makes technical meas of investigation legally approved.At present,communication monitoring has been widely used in drug crime investigating work,however,on the one hand,the related clauses are not definite enough in details,on the other hand,the wiretap investigating means are somehow secret,as a result,the materials of the evidence collected in this way are often not completely presented by the investigators.Nowadays,relevant researches are mainly focused on the conflict between the usage of technical meas of investigation and the protection of human rights,comparatively neglecting the studies on censoring procedure of such meas and the attestation and certification of the evidence collected by monitoring of communication.The article,in comparison with the advantageous facts about the practice of communication monitoring in foreign countries,deals with the censoring procedure of the technical means as well as the attestment and certification of the evidence collected by means of technical investigation during the trial instances.Based on the trial practice and through case analysis,the writer presentscreative and unique views on such themes e.g.the rang of cases that are suitable to adapt technical investigation and the censoring procedure of the technical investigation,as well as the authentication of the credibility and admissibility of the evidence collected by technical means of investigation.