The Empirical Research On The Use Of Technical Investigation Materials As Evidence In The Trial Of Drug Crime Cases

With the 2012 Criminal Procedure Law(also known as the new "Code of Criminal Procedure")to adapt to the new situation to combat the practical needs of drug crime,used to prove the facts of the facts of the technical investigation measures to obtain the material(hereinafter referred to as the Investigation material),through the court to verify the adoption,can be used directly as litigation evidence,and then verified by the court as a basis for the determination.In the case of drug-related crimes,according to the provisions of Article 48 of the new Code of Criminal Procedure,it can be seen that litigation evidence refers to the material that the public security organ collects and fixes in accordance with the legal procedures and can prove the true situation of the drug-Technical investigation materials in the case of drug crime case trial as evidence to use,mainly refers to as a basis for the use of the case.According to the use of the contents of the investigation,the author believes that the main culvert process and the entity two levels,the program level embodied in the trial procedures,while the entity,including technical equipment as a drug crime The case is based on the judgment of the evidence ability,the judgment of the testimony(including the evidence of conviction,the application of sentencing evidence),and the adoption of the evidence by the court.This paper is based on the understanding of the basic semantics of the technical investigation material,and discusses its application in the judicial practice of drug crime cases.Technology and material as a proof of drug crime in the case of an effective supplement in the process of investigation by the public security organs widely used,but shackles in our legislative system and the reality of the situation,technical equipment as a case in the case of drug crime trial practice has been a problem,Resulting in the application of technical materials difficult,controversial.Which is based on the practical use of drug crime in the case of drug crime,which is based on the evidence of the technical investigation material,(Including the evidence of conviction and the application of sentencing evidence),and the court to carry out certain problems on the adoption of evidence,focusing on the application of the technical equipment as the basis of the application,Divided into three parts:Chapter 1: The Scope of Technical Investigation Measures and Examination of Technical Investigation Materials.Due to technical measures to take different measures,the corresponding access to technical investigation material to determine the focus is not the same,this part of the focus on the technical and technical measures in China’s application to a certain extent,that includes communication monitoring and secret camera,Secret recordings,concealed identity investigation(such as seduction investigation),special intervention(such as informer),under the control of delivery and other technical means of investigation,at the same time summarize the technical investigation material with other evidence of different characteristics,and described different types Technical research materials to determine the focus of the judge,and expose the theoretical level of the problem.Chapter 2: A Study on the Application of Technical Investigation Material in Judgment Practice.First,the characteristics of drug crime are expounded.Drug offenses have different characteristics from other types of criminal offenses,manifested in the case of drug-related criminal cases from the collection of evidence to the final courtroom evidence of the use of materials are unique.At the same time through the statistics of the new "Criminal Procedure Law" since the revision of the Chinese referee documents published online technical materials in the first instance of the case of drug crime as a basis for the application of the case and the problems in practice,summarized that I believe that can be divided into procedures And the two levels of the entity.Procedural level,embodied in the technical investigation material as a basis for the trial of the trial design,the entity,including the technical investigation material as the finalization of the evidence based on the ability to review the judge,proof of force to judge(as evidence of conviction,sentencing evidence),And the adoption of evidence by the court.Chapter 3: Technical equipment as a final decision based on the use of recommendations.This part of the practice of substantive reform of the trial,combined with China’s drug crime trial practice,respectively,from the procedural and physical aspects of the discussion,specifically,including the use of clear technical materials,improve the current quality of technical materials,In particular,the technical investigation material is constructed as a verdict according to the court verification procedure.It clarifies the judgment and judgment of the evidence ability of the technical investigation material,the judgment and judgment of the normative power(including the application of conviction evidence and sentencing evidence)As well as to improve the court’s rules of adoption of evidence,so that court justice to people to see the way to achieve.