Research On The Evidence Ability Of Materials Obtained By Technical Investigation

The reform of the "trial-centered" litigation system has put forward new demands on the investigation work,and it naturally has an influence that can not be ignored in the field of technical investigation.At present,the regulation of technical investigation is mainly supplemented by the criminal procedure law,procedural provisions and litigation rules.However,there is still an unsolved dilemma in the evidence ability of materials obtained from technical investigation.For example,the scope of the application of the case is obscure,the application for approval procedure is opaque,the right of the party is infringed,and the lack of supervision and relief.Therefore,based on the study of "trial centered" litigation system reform under the background of technical investigation,defects in the legal rules and regulations in judicial practice of the extraterritorial criminal investigation law challenges,the impact of the development of induction and combing,according to law of technical investigation in our country in the process of new ideas,new the guidelines for the legislation and judicial practice of the technical investigation.This addition to the introduction and conclusion,including the following four parts:the first part is the introduction of "trial centered" litigation system reform background,clarifying the connotation of "trial centered" and related issues,analysis of its impact on technical investigation work and put forward the requirements;second part using the method of Comparative Law.The relevant provisions in the national technical investigation brief introduction of extraterritorial American law process faster,and then combined with China's current laws and regulations and relevant judicial interpretations,defects received material evidence ability of technical investigation are summarized,such as the applicable scope of the case is fuzzy,the main unknown decision;the third part is starting from the angle of positivism.The case is based on technical investigation of China received material evidence ability in reality,such as the right to know,the court verified the start And the supervision and other difficulties.The fourth part,based on the foregoing,puts forward solutions and specific measures for the evidence ability of materials obtained from technical investigation.