Research On The Application Of Electronic Evidence In Technical Investigation Evidence

With the development of science and technology,criminal activities have become high technological,concealing and complicating which brought challenges for the judiciary to combat crime.As the nucleus of investigation,technical investigation is entrusted by the judicial authority to fight crimes and aims to collect the criminal evidence.According to the provisions of "criminal procedure law",the materials collected by technical investigation measures can be used as evidence in criminal proceedings,the materials collected by technical investigation are called technical investigation evidence,and the electronic data in the technical investigation evidence that can prove the fact of the case is the electronic evidence of technical investigation.At present,the research on the application of electronic evidence in technical investigation is relatively weak in the academic and judicial fields.Therefore,this paper made some researches on the application of electronic evidence of technical investigation in hope of arousing the attention of academic and practical professionals.Through the analysis of electronic evidence of technical investigation from the aspects of its connotation,characteristics and evidence ability,this paper probes into the theoretical and practical value of the electronic evidence of technical investigation.By comparing the application of electronic evidence of technical investigation in countries of continental law system and Anglo-American law system,this paper found that Germany,Japan and the United States all stipulate in law that electronic evidence of technical investigation can be used in litigation activities,but there are strict additional conditions for the using in these countries.In UK,the using of electronic evidence of technical investigation is strictly forbidden,because the British public authorities fear that the using of electronic evidence of technical investigation will "lose more valuable intelligence".This point of concern exists in many countries,which also make the reason for the slow legislation of electronic evidence of technical investigation in our country.In countries where electronic evidence of technical investigation can be used,strict conditions are attached to the using of technical investigation evidence,which is worthy of our country's reference.From the sights on the application of the electronic evidence of technical investigation,this paper puts forward some suggestions by combining with China's judicial practice concerning with the emerging problems and the application of the electronic evidence of technical investigation in three judicial process including the public security organs investigation,procuratorate review,prosecution and court trials.These suggestions mentioned above aims to improve the application rules of the electronic evidence of technical investigation.With the development of science and technology,the coverage of electronic evidence increases,the probability of using technical investigation electronic evidence in criminal proceedings will also increase,and the application of technical investigation electronic evidence will also face greater challenges.