Research On The Examination Mode Of Technical Investigation Evidence In China

The Criminal Procedure Law amended in 2012 stipulates that materials obtained by technical investigation measures have the qualification of evidence and can be used as evidence.This is the first time that the legal level has confirmed the evidential ability of technical investigation materials,and it is a great progress in our country's legislation.At present,technical investigation evidence plays an irreplaceable role in cracking down and punishing crimes.However,in the aspect of evidence examination,the legislation only makes general provisions.On the basis of the general provisions,the academic circles have summed up the three major examination modes applicable to technical investigation evidence,namely,routine examination,restricted examination and out-of-court examination.The gaps and ambiguities in legislation have caused many problems in judicial practice,such as unclear scope of application of the three review modes,imperfect application procedures,and insufficient protection of defense litigation rights.A series of problems make the principle of judging evidence unable to be fully implemented and restrict the advancement of materialization of court trial.In order to solve these problems,so that judges can choose more reasonable evidence examination mode for different technical investigation evidence,and then complete the cross-examination and authentication of evidence,it is necessary to conduct in-depth research on the examination mode of technical investigation evidence.In addition to the introduction and conclusion,this article is divided into four parts:The first part is an overview of technical investigation evidence.First of all,it summarizes the different viewpoints of the theoretical circle on the concept of technical investigation measures,and discriminates the concepts related to them.Then,according to the current laws and judicial interpretations in our country,the concept of technical investigation measures is defined,and on this basis,the definition and scope of technical investigation evidence are further clarified.In the second part,combined with relevant litigation theories and legislation,the author summarized and summarized the three existing typical review modes of technical investigation evidence in our country,analyzed their application status,and revealed the problems and disadvantages of the above modes in legislation and practice.Through a comprehensive analysis of the scope of application,the applicable procedures,the protection of the defense's litigation rights and related supporting measures of the technical investigation evidence reviewmode,this paper further expounds the harmful results caused by the imperfect review mode,and highlights the necessity of improving the technical investigation evidence review mode under the reform of the existing litigation system.The third part selects typical countries of Anglo-American law system and continental law system,and makes a comparative study of their relevant systems and practices,with a view to providing useful reference and reference for the improvement of our country's technical investigation evidence review mode.The fourth part puts forward relevant reform and improvement suggestions based on China's national conditions and foreign relevant experiences,including clarifying the applicable scope of different technical investigation evidence review modes,improving the applicable procedures,strengthening the protection of defendants' relevant litigation rights,promoting the materialization of court hearings,etc.,so as to better regulate the review of technical investigation evidence and give full play to the important role that technical investigation evidence should play in ascertaining the facts of the case and correctly convicting and sentencing..