Empirical Analysis Of The Use Of Technical Investigation Materials As Evidence

Technical investigation measures,with their technical,secret and mandatory characteristics,have the advantage that traditional investigation measures can't match in the process of cracking down on crimes,Especially in the context of the fact that this criminal means has become more technological and secret,and the criminal organization has become more complicated and specialized,it has become more and more important.It has not only greatly improved the efficiency of investigating organs,but also saved the cost of investigation and the formation of Strong deterrent on criminal behavior.However,due to the above-mentioned characteristics of the technical investigation measures,it is inevitable to infringe upon the individual citizens and the public interest in the process of use,so it should be regulated.In this context,in the process of the revision of the 2012 Criminal Procedure Law,China not only standardized the technical investigation measures,but also directly gave the evidence ability of the materials obtained through the technical investigation measures,so that the technical investigation materials can be applied in proof of criminal facts in specific cases,combating criminal offences.This not only helps to make up for the lack of evidence-taking ability of the investigative organs,improves the accuracy and comprehensiveness of evidence collection,but also helps to improve the proportion of subjective and objective evidence in the composition of evidence in the current case,to ensure the truth of the case and to achieve justice and justice.It is extremely important.However,judging from the current legal provisions in China,there are very few provisions on the use of technical investigation materials as evidence,and the operability is extremely weak.The time for the use of technical investigation materials in China can be used as evidence is extremely short,and there is no uniformity and convention in practice.These factors have led to the use of technical investigative materials as evidence in judicial practice is always disordered.It is not only not conducive to the use of technical investigation materials in the specific evidence,but also undermines the legitimate rights and interests of criminal suspects and affects the impartiality and authority of the courts.Therefore,in order to further understand the use of technical investigation materials in practice,the author collected all the judgment documents involving technical investigation from July 2016 to July 2018,and examined the documents one by one.By analyzing the actual situation of the use of technical investigation materials in the specific cases as evidence,we have a comprehensive and direct understanding of the application of technical investigation materials as evidence in judicial practice.Then,by combing the relevant foreign technical investigation regulations,and making full use of foreign advanced experience and combining with China's specific actual conditions,the paper puts forward corresponding suggestions for the improvement of the technical investigation materials discovered through the analysis of documents as evidence.Therefore,the purpose of standardizing technical investigation materials as evidence is to be realized,so that it can be better used in practice.