Research On The Application Of Technical Investigation Materials In The Trial Of Major Drug Cases

Investigative organs have many years of practical experience in criminal investigation practice in China by adopting technical investigation measures to collect criminal evidence.However,compared with abundant practical experience,there has been a lack of scientific and systematic legislation for the application of technical investigation measures and materials in China.The promulgation of the amendment to the Criminal Procedure Law in 2012 broke the situation of lack of legislation on technical investigation materials.The newly revised Criminal Procedure Law clearly limits the scope of cases that can be obtained by technical investigation measures.Major drug crimes belong to one of the types of cases that can be obtained by technical investigation measures.However,in the major drug crimes,how to take technical investigation measures and how to apply the technical investigation materials obtained by technical investigation measures as evidence are still lack of clear legal provisions in our country.By studying the legislative evolution and current situation of domestic technical investigation materials,the author analyses the Legislative Features and shortcomings of technical investigation materials in China,and comprehensively interprets the application difficulties of technical investigation materials in major drug crimes,taking the investigation difficulties of major drug crimes as the breakthrough point.The structure of the article is mainly divided into three parts,and the application characteristics of technical investigation materials in the trial of major drug cases are discussed in detail.The first part mainly elaborates the legislative evolution process of technical investigation materials in China,and summarizes the legislative and applicable characteristics of technical investigation materials in three different periods since the founding of the People's Republic of China.In the second part,through case interpretation and data analysis in the text of the paper,the difficulties faced by technical investigation materials in the judicial practice of major drug crime cases are sorted out.The third part of the article mainly puts forward five suggestions on the application of technical investigation materials as evidence in the trial of major drug crimes: defining the qualification of technical investigation materials;standardizing the transfer and transformation of technical investigation materials;standardizing the cross-examination procedure of technicalinvestigation materials;adhering to the principle of evidence reinforcement and strengthening the examination of evidence relevance.Major drug crimes have entered the trial stage from the investigation stage,and the transfer of technical investigation materials is the key link of evidence review.The particularity of drug crime determines the great significance of technical investigation materials in the process of case trial.Especially in the case of insufficient other objective evidence and the defendant's "zero confession" confession,it is self-evident that the identification of technical investigation materials is of great importance to the case.As far as major drug crimes are concerned,the main problems in identifying technical investigation materials are the lack of original evidence and the unclear positioning of evidence,which directly leads to the widespread controversy about the legal effect of technical investigation materials as criminal investigation evidence.Drug suspects often use high-tech means to trade.Compared with other criminal cases,their criminal process is easier to disguise and more covert.China's criminal law is at the forefront of the world in the fight against drug crimes,so the investigation and trial of drug cases also put forward very stringent evidentiary requirements.This means that public prosecution and law organs need higher forensic ability and cross-examination level to detect and hear drug cases.In drug cases where crime is easy to obtain evidence but difficult to obtain,the implementation of technical investigation measures is indispensable if crime is to be curbed and punished to the greatest extent.The evidence material obtained by technical investigation seems to be able to obtain sufficient conviction evidence,but the evidence standard of drug crime is far from being superficial "man-stolen" so simple.In order to become a link in the chain of final evidence,technical investigation materials must be corroborated with other key evidences so as to completely eliminate reasonable suspicion.