Research On Out-of-court Verification Of Technical Investigation Evidence

The out-of-court verification procedure of technical investigation evidence can effectively solve the problem of the use of technical investigation evidence and protect the secrets of technical investigation,but due to the lack of detailed provisions of law,the practical operation is more chaotic,especially the out-of-court verification mode of judges alone is the most controversial.In this mode,the specific examination way of the judge is unknown,and the right to know,the right to participate in the procedure and the right to cross-examine are not guaranteed.At the same time,in the case of the judge’s review of evidence capacity is not spontaneous,the lack of cross-examination links of the defense further leads to the insufficient review of the legality of technical investigation evidence.As the specification based on update,the article gives a definition of the nature of the court to verify application for court investigation procedure,make the technical investigation has evidence after out-of-court verification procedures verified directly as finalized according to qualification,so it is necessary to reform the current rules of the program,in order to ensure to the prosecuting and defending parties in limited participation,so as to realize technical investigation evidence of verified.There are more than 32000 words in total and it is divided into five parts.The first part,introduction.This part mainly introduces the research background,research significance,research status,research methods and sample selection.On the one hand,the "declarative" legislative practice of the out-of-court verification procedure of technical investigation evidence leads to the abnormal operation of the procedure in the practical level and the fierce value conflict in the theoretical level.This thesis has certain practical and theoretical significance to solve the above-mentioned problems.On the other hand,by summarizing and analyzing the current domestic research results and pointing out the shortcomings,the writing idea of combining theoretical interpretation with practical analysis is determined,and the writing goal of this thesis is determined,that is,to put forward suggestions on improving the out-of-court verification procedure of technical investigation evidence based on the problem orientation.The second part,technical investigation evidence out of court verification of relevant theories.This part first defines the nature of the out-of-court verification procedure of technical investigation evidence as the special case of out-of-court investigation and the court investigation procedure.On this basis,this part sorts out the relevant normative basis of out-ofcourt verification of technical investigation evidence,and explains the normative dispute whether the technical investigation evidence can be directly used as the basis of a final case after the out-of-court verification procedure.In addition,this part analyzes the necessity of establishing the verification procedure of technical investigation evidence out of court,including solving the difficult problems of using technical investigation evidence and protecting the secrets of technical investigation;At the same time,the defects of the procedure,including damage to the basic rights of border defense,violation of the essence of the trial,violation of the principle of evidence adjudication,are expounded.The third part,technical investigation evidence out of court verification of relevant theories.This part first defines the nature of the out-of-court verification procedure of technical investigation evidence as the special case of out-of-court investigation and the court investigation procedure.On this basis,this part sorts out the relevant normative basis of out-ofcourt verification of technical investigation evidence,and explains the normative dispute whether the technical investigation evidence can be directly used as the basis of a final case after the out-of-court verification procedure.In addition,the necessity and defects of out-ofcourt verification procedure of technical investigation evidence are preliminarily discussed.The fourth part,technical investigation evidence out of court verification of practice.On the whole,the samples showed the characteristics of high proportion of drug crimes,high rate of severe punishment and single means of technical investigation.Specifically,through reading judgment documents and integrating sample data,the author found that there are many problems in the practical operation of the out-of-court verification procedure of technical investigation evidence.Including out-of-court verification are not transferred technology widespread investigation materials,out-of-court audio power verification procedure,defenders in out-of-court verification program is limited,lack of specific examination methods for the court to verify the specification,the court verification program to ignore evidence ability to review,the part also analyzes the cause of each problem,put forward corresponding perfecting suggestion for later laid a foundation.The fifth part,technical investigation evidence out of court verification procedures to improve the suggestion.This part is the core part of this thesis.Specifically,firstly,under the background of the comprehensive establishment of the rules of transferring evidence with case,the object scope of out-of-court verification should be limited to the technical investigation evidence transferred with case;Second,establish the starting procedure of out-of-court verification of technical investigation evidence,through the participation of both the prosecution and the defense,improve the chaos of the starting procedure of out-of-court verification with the rigor and standardization of the procedure;Third,the establishment of technical investigation evidence out of court verification review procedure,to ensure the defense’s procedural participation right and limited cross-examination right,at the same time clear the judge’s review method and requirements,in order to make the whole review procedure normative and legitimate;Fourthly,the exclusions rule of evidence in illegal technical investigation should be established so that the judge can follow the law and strengthen the review of the legality of technical investigation evidence.Meanwhile,the defense can also help the judge to review the legality of technical investigation evidence by applying for initiation.