Research On The Evidence Ability Of Materials Obtained By Technical Investigation

Technological investigation measures are not new in criminal investigation Practice in our country,but they are not known to the public because of their confidentiality and strong policy.At the same time,the materials obtained by the technical investigation measures never accept testimony in the practice of criminal proceedings,but used in a transformed way,which is not conducive to the supervision of law enforcement,nor is it conducive to the protection of the legitimate rights and interests of citizens.In 2012,the newly revised "Criminal Procedure Law" broke this situation and provided that the materials obtained through the use of technical investigations could be directly entered into the court as evidence without conversion.However,such principled regulations are still far from sufficient for the litigation restriction of technical investigations,the law does not specify what elements of technical investigation evidence need to be able to obtain evidence,also does not specify which evidence rules should be applied to exclude the evidence of technical investigations without evidence capacity from the courtroom,the law does not specified how the conflict between the confidentiality of technical investigation measures and the criminal evidence to be used publicly should be resolved as well.These problems directly result in the limited use of technical investigation evidence in criminal proceedings.Therefore,this article starts from the perspective of evidence law,based on the rules of evidence founded by the “Criminal Procedure Law” of 2012,and two judicial interpretations,which are “Regulations on Several Issues Concerning the Handling of Illegal Evidence in Criminal Cases” and “Provisions on Several Issues Concerning the Examination and Evidence of Death Penalty Cases”,with reference to foreign laws,and explore the rules for determining the ability of technical investigation evidence in four ways: the legality of the subject of technology investigation and evidence collection,the examination and approval procedures and methods for the implementation of technical investigation measures,the legality of evidence collection methods,and the legality of technical investigation evidence.Make the materials obtained by the technical investigation measures obtain the legal and legal evidence qualifications,so as to achieve full use of technical investigation measures to combat crimes and protect the legitimate rights of citizens.