A Research On The Use Of Evidences Obtained By Technical Investigation

Measure of technical investigation is a special investigation method in China.Compared with traditional investigation measures,it has such characteristics as technical,secret and certain invasion of privacy.Technical investigation is utilized in serious crimes against society.Because strong organization,tight criminal chain and independent criminal links,measures of traditional investigative have been extremely inefficient,so the measures of technical investigation should be considered to apply.In order to fight against major and complex crimes,China revised the Criminal Procedure Law in 2012,adding chapter on the measures of technical investigation.The new law stipulates the scope and conditions of its application,which can improve the judicial situation of major and complex cases,such as drug cases,serious duty crime cases and so on,with more verbal evidences and less objective evidences.It has a certain positive significance in combating crimes which may seriously endanger society.Evidences of technical investigation can be directly used as the basis for conviction and sentence in court.The relevant provisions on the measures of technical investigation in law are acting as a framework.There is no regulation on how to use the materials obtained by technical investigation as evidence.Evidences obtained by technical investigation have been used more than eight years,but there is still no unified method of utilization.If the investigation materials cannot be sorted out into effective evidence in time for prosecution or trial,after investigating the cases through time-consuming approval procedures,the early investigation will be in vain.This kind of situation not only wastes the manpower of the investigating agency,but also may infringe on the legitimate rights and interests of citizens,even lead to a decline in the credibility of the judiciary.From the perspective of evidence law,combined with the existing evidence related laws and regulations in China and the relevant provisions of the laws in foreign countries,this thesis discusses the legislation,the evidence collection,the method of application,and the method of supervision.Through the aforementioned research,this paper summarizes the relevant experiences related with Chinese judicial practices,making investigative materials most effective in criminal trials,balancing measures of technical investigation and citizen rights.Three research methodologies will be employed in this thesis:comparative analysis methodology,literature research methodology and empirical analysis methodology.First,through comparative analysis methodology,the paper investigates,sorts out,learns some lessons from the utilization of foreign evidences obtained by technical investigation,analyzes the formation of foreign evidences obtained by technical investigation system and seeks for some more effective regulatory mechanisms suitable for evidences obtained by technical investigation in China.Second,through literature research methodology,this thesis collects,consults and analyzes relevant Chinese literature and legal regulations,and refines and summarizes perspectives,combining with expert analysis and suggestions.Third,through empirical analysis,this paper researches relevant cases on the Refereeing Paper Network,analyzes the problems in the utilization of evidences obtained by technical investigation in China and overseas,and makes some targeted suggestions.