Empirical Research On The Application Of Technical Investigation Evidence Materials In Trials

The amendments to the Criminal Procedure Law of 2012 for the use of technical investigation measures to obtain evidence in criminal proceedings can be adopted,which makes the evidence of technical investigation evidence step on the historical stage of legalization of evidence.The statutory ability of evidence in technical investigation evidence is not only conducive to punishing criminals,but also plays a decisive role in curbing the arbitrary expansion of the public power of the judiciary.However,the new Criminal Procedure Law is too crude and principled for the technical investigation evidence materials,which makes the application of technical evidence materials in practice unsatisfactory.Therefore,in view of the ambiguity of the relevant legislative provisions and the concerns about the use of technical evidence materials in judicial practice,the article introduces the basic content,characteristics,and litigation value of technical evidence,combined with empirical analysis,on technical investigation.The status quo of the use of evidence materials and related effects are carefully combed,and the problems are clarified from the cases,and the causes of the existing problems are analyzed.Through reflection,the countermeasures for solving the problems are proposed,with a view to further improving the technical investigation system.This article consists of three parts,the full text is about 23,000 words.The first part of this paper is an overview of the evidence of technical investigation.This part defines the definition of technical investigation evidence materials,and expounds the basic characteristics and litigation value of technical evidence materials.The article believes that because the evidence of technical investigation has the secret of acquisition,the objectivity of content,and the diversification of the carrier,it has significant litigation value for criminal proceedings,which is mainly reflected in the discovery of criminal truth,the strengthening of evidence,Improving litigation efficiency and human rights protection.The second part of this paper is an empirical investigation on the application of technical evidence materials.It is also the most important part of this paper.This part mainly analyzes the data,documents,cases,etc.,and makes a preliminary analysis on the application of technical evidence materials.Through empirical investigation,it is found that the total number of evidence-related cases of technical investigations is increasing,and the types ofidentification of evidence for technical investigations are large.In practice,technical evidence materials are often used in the form of “transformation”.The results of the investigations also show obvious marks.The provincial and municipal public security inspection departments passed Joint implementation of the implementation rules to ensure the uniformity of the application;the lawyer's participation in the out-of-court verification process is gradually advancing;the law helps the full coverage of the trial promotion to further protect the defendant's right to defense.In addition,the author selected some cases to conduct in-depth research,and in the case,the standard of the evidence election is different in practices,the theory of the judgment is not sufficient,the defendant's rights and interests need to be strengthened,and the verification standard of the out-of-court verification is low.The main reason for excavating the existing problems through reflection is that the evidence of technical investigations pursues mysticism,the judicial concepts of some judges are relatively old,and the legal system is not perfect.The third part of this paper is about the improvement of the technical investigation system.Based on the in-depth study of empirical investigation,this part puts forward its own conception of the legal system of technical investigation measures.The article believes that in terms of the applicable conditions of technical investigation measures,it is necessary to specify the types of crimes applicable to the technical investigation measures and the applicable objects;to allocate the examination and approval authority for technical investigation measures to the people's procuratorate;to introduce an emergency system,and to allow for the post-event improvement of the emergency situation Procedures;deferred approval and implementation approval have the same identity,with reference to the examination and approval of the implementation of technical investigation measures.In the exclusion of illegal evidence,strictly abide by the mandatory procedural rules and the principle of felony stipulations for the implementation of technical investigation evidence,and the violation shall be ruled out according to law;for the accidental acquisition of the evidence and evidence of his case,it is clear that the former case is legal and other case can be identified by a dual standard.With regard to the method of cross-examination,it is emphasized that in the out-of-court verification procedure,the separate verification of judges and the limited participation of lawyers in specific situations are combined to facilitate procedural fairness.In terms of the rationality of the judgment documents,it is recommended to work hard from the three aspects,which containsstick to the evidence "threecharacteristics",improve the legal literacy of judges,and improve the technical investigation laws and regulations.