Research On The Examination And Confirmation Of Technical Investigation Evidence

The "Interpretation of the Supreme Law" revised in 2021 added a section 8 "Examination and determination of technical investigation evidence" to Chapter IV,and made special provisions on the examination and judgment of technical investigation evidence materials.The purpose of revising the rules is to respond to disputes over the issue of technical investigation evidence review and identification.On the one hand,technical investigation evidence materials are generally transformed and used in practice,and the authenticity and reliability of evidence cannot be guaranteed.The phenomenon of illegal technical investigation is serious and constitutes a real threat to the basic rights of citizens.On the other hand,the judicial review of technical investigation evidence materials is not taken seriously,and the review and determination are mere formalities.It cannot play the role of effectively filtering untrue and illegal evidence,and as a procedural control mechanism,it cannot play a powerful role in regulating technical investigations.However,the "Supreme Law Interpretation" still has rough rules on the review and identification of technical investigation evidence,especially the ability to transform technical investigation evidence into forms,and the exclusion of illegal technical investigation evidence,which cannot effectively solve the problems existing in practice.question.By analyzing the root causes of technical investigation evidence material examination and determination,theoretically analyze the existing disputes,combined with overseas reference legislative experience,put forward suggestions for the improvement of technical investigation evidence material examination and determination rules.First,clearly review the content of technical investigation evidence materials from the three perspectives of legality,authenticity and relevance;The method is also different from the existing evidence transformation,so the transformation and use of evidence cannot be considered as a legal way to protect investigative secrets.The transformation form of technical investigation evidence cannot be used alone as the basis for proving the facts of the case,and the statement of the situation is transferred with the case as "process evidence" and can be used to explain the legitimacy and authenticity of the evidence collection.As a simplified form of original evidence,transliteration materials can be used to assist evidence discovery and improve the efficiency of cross-examination.Third,illegal technical investigation evidence should be included in the scope of illegal evidence exclusion rules,strengthen the rigidity of illegal technical investigation evidence exclusion rules,and effectively punish illegal and chaotic technical investigation measures.Clearly exclude the standard of illegal technical investigation evidence to make up for the lack of judges’ discretion.