Study On The Admissibility Of Technical And Investigative Evidence

As criminal means become more and more high-tech,traditional methods of investigation are becoming more and more difficult to cope with in the new situation of crime.In order to conform to the trend of international criminal procedure,China has incorporated technical investigation measures into the scope of regulation of criminal procedure law,which legalizes and triples technical investigation measures.The relevant evidence materials obtained by means of technical investigation measures also have a legal status of evidence.However,the legal provisions on the admissibility of forensic evidence are relatively general and vague,and there is a lack of detailed and operational guidance on judicial practice,resulting in a lack of uniformity in the understanding of judicial practitioners and jurists.Therefore,the verification and acceptance of technical evidence still needs to be deeply explored and demonstrated.The current legal regulations and operation methods have been questioned by judicial practice and related scholars to varying degrees.This article intends to discuss the concept definition,out-of-court verification,review and determination of the technical investigation evidence related to the admissibility of technical investigation evidence.This article is divided into three parts: The first part is the case review.This part makes a review of the case of "Wang Mou and Wei Mou transporting drugs" and puts forward the focus of the case.The second part is the legal analysis of the focus issues.This part is a legal analysis of the issues raised in Part I.Including the legal analysis of "the application of technical investigation evidence in cases," "the application and review of technical investigation evidence," and "the legal dispute caused by the out-of-court verification of technical investigation evidence." The third part mainly writes the thinking caused by this case,including the out-of-court verification of technical investigation evidence and the examination of evidence.It is intended to analyze and study the "out-of-court verification","review and identification" of technical investigation evidence from the theoretical point of view,and put forward my own views,in order to help solve the problem of admissibility of technical investigation evidence in litigation.