Research On The System Of Technical Investigator In Criminal Procedure

With the development of science and technology,the types and number of high-tech crimes have increased year by year.It is inevitable that many professional knowledge will be involved in these crime cases,and this professional knowledge has far exceeded the knowledge field of ordinary judges,thereby judges have been greatly hindered in ascertaining technical facts.In addition,the rapid development of science and technology has made the professional division of labor in modern society increasingly detailed and deepened.The use of scientific knowledge has not only helped the case trials,but also provided more criminal ways for criminals.In recent years,cases involving high-IQ crimes,intellectual property infringement crimes,and cyber crimes that have used professional knowledge have proliferated.The technical knowledge involved in such cases has exceeded the scope of judges' knowledge,which requires judges to have richer expertise to deal with professional cases.In order to ascertain the technical facts of the court,China has established the Appraiser System and the Auxiliary Expert System.However,in practice,due to the long-time,high cost and other disadvantages of the Appraiser System and the natural non-neutrality with different trustees of expert assistants,judges lacking professional technical knowledge have difficulty in admitting evidence related to professionaltechnical knowledge in courts,as a result,the veil of technical facts is difficult to reveal,and the facts of the court cannot be ascertained.Furthermore,in order to find out the technical facts more specifically,China has introduced the Technical Investigator System that has a good operating effect in Japan,South Korea and Taiwan in intellectual property cases,but the Technology Investigator System has not yet been used in criminal lawsuits.Practical application,and the provisions of the "Several Provisions of the Supreme People's Court on Technical Investigators' Participation in Litigation Activities in Intellectual Property Cases" are not yet complete.Therefore,the author believes that no matter whether it is theoretical research,legislation,or judicial practice,it is necessary to research and construct the technical investigator system systematically.In view of this,the central question of this study is: whether China should establish the Technical Investigator System of Criminal Proceedings and how to construct it.Based on this proposition,the discussion is carried out.The full text consists of the introduction and four chapters.The introduction explains the background of the topic,the significance and value of the research,and puts forward the overall idea of using the research methods of law comprehensively to study the criminal procedure technology investigator system.The first chapter,problem statement: Based on the case study.There are two sections in this chapter.First of all,through the analysis of the technical fact finding system involved in an intellectual property crime case,it leads to the dilemma of technical fact finding.The second chapter is about the necessity and feasibility of constructing the system of technical investigator in criminal procedure.There are two sections in this chapter.This paper discusses the necessity and feasibility of the system of technical investigator in criminal procedure.The third chapter discusses the problems of the system of technical investigator in criminal procedure.This chapter is divided into three sections.This paper analyzes the applicable stage of the introduction of the technical investigator system into thecriminal procedure,the existing problems of the technical investigator system in the system provisions and the practical procedures.The fourth chapter is the construction of the system of technical investigator in criminal procedure.There are three sections in this chapter.The first section summarizes the functions and judicial status of the technical investigator through the above analysis.The second and the third sections respectively construct the system of the technical investigator of criminal procedure from the sequence of the technical investigator of criminal procedure and the credit mechanism of the technical investigation opinion report.Solving the difficult problem of technical facts identification in the practice of criminal proceedings in China due to the development of science and technology and the surge in high-tech crimes.Solving the technical investigation officer system is still in the exploratory stage,the relevant content in the regulations is still not perfect,and there are still many problems in practice that need to be studied and solved.This article intends to construct Technical Investigator System of Criminal Proceedings in accordance with China's trial practice through an in-depth and systematic analysis of the Technical Investigator System of Criminal Proceedings.In a word,In short,this article intends to explore the difficulties of technical facts caused by the development of science and technology and the surge in high-tech crimes in the practice of court proceedings in China.