| In the current era of pursuing judicial justice with trial as the center,the proportion of judicial application of technical investigation evidence in my country is generally not high,but the application is expanded and the review is formalized.This not only violates the substantiveness of court trials,but also damages procedural justice.Breeding unjust,false and wrong cases,undermining judicial justice,and infringing on human rights.The trial-centered proposal to improve the goal of transferring technical investigation evidence from the out-of-court verification procedure is also a response to the practical dilemma of its application.The value and effectiveness of technical investigation evidence is consistent with the value pursuit of trial-centered.The court should play its role in the trial of technical investigation evidence,focusing on the court review of technical investigation evidence,and radiate to the technical investigation stage to promote the investigation.The agency lawfully investigates and collects evidence,and the procuratorial agency eliminates it according to law.To this end,it is necessary to adhere to the principle of presenting and cross-examination of original technical investigation evidence,limit the out-of-court verification of technical investigation evidence and other ways to implement court trials,unify technical investigation evidence standards,standardize technical investigation evidence collection procedures,and improve the illegality of technical investigation evidence.The rules of exclusion,supporting safeguards,supervision and relief systems urge the use of technical investigation evidence to adhere to the trial-centered approach.Therefore,based on the trial-centered research perspective,this article focuses on the use of technical investigation evidence.On the one hand,it sorts out basic theoretical issues and refines the trial-centered requirements for the use of technical investigation evidence.On the other hand,it uses empirical research.,On the basis of grasping the current situation of the use of technical investigation evidence,analyze and summarize the conflicts and deviations between the use of technical investigation evidence and trial-centeredness,and then use comparative research to provide reference ideas for improving the existing technical investigation evidence application system Therefore,specific countermeasures for the application of technical investigation evidence are insisted on centering on trial.The content of this article is divided into five parts: The first part introduces the background,research status,innovation and shortcomings of the application of technical investigation evidence from the trial-centered perspective;the second part explains the application of technical investigation evidence from the trial-centered perspective Theoretical issues involve technical investigation evidence and trial-centered basic theories.On this basis,the trial-centered requirements for the use of technical investigation evidence are analyzed,that is,the proper meaning of the use of technical investigation evidence from a trial-centered perspective;The third part,based on the empirical research on the use of technical investigation evidence,examines and analyzes the current situation of the use of technical investigation evidence and its contradiction to the trial-centered issue;the fourth part discusses the use of foreign technical investigation evidence to reflect the use of trial as the center.The center’s legislative and institutional experience is for reference;the fifth part,on the basis of absorbing foreign experience,tries to propose perfect suggestions for the use of technical investigation evidence from different levels of thinking,legislation and system,in order to promote the use of technical investigation evidence in our country to achieve trial as the central goal of judicial justice. |
