Font Size: a A A

On The Predicament And Optimization On The Use Of Evidence Collected Through Covert Surveillance

Posted on:2022-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:A J WangFull Text:PDF
GTID:2556307154979879Subject:Law
Abstract/Summary:PDF Full Text Request
The use of technical investigation evidence is an important issue that cannot be avoided in criminal justice practices at home and abroad and needs urgent attention.In2012,China revised "Criminal Procedure Law" added a section to the second chapter of the second chapter as the eighth section,specifically adding that judiciary may " adopt technical investigation measures as needed in criminal cases that seriously endanger the society." This affirm the evidence effectiveness of technical investigation measures to obtain relevant information materials,clarify the related issues of the use of such evidence,and effectively prove the facts of the case in my country’s criminal practice,save judicial resources,improve the efficiency of litigation,and standardize technical investigations.Strengthening the protection of human rights,preventing unjust,false and wrong cases at the source,and comprehensively enhancing judicial credibility are of great significance.However,due to the in-depth and incomplete research on the theory of the criminal rule of law and insufficient criminal justice experience,criminal justice practices are still faced with existing legal provisions that are too principled,the structure of criminal proceedings is unbalanced,the unity of combating crime and the protection of human rights is insufficient,and technical investigation evidence is inadequate.The legality review mechanism used is not perfect,the process of using technical investigation materials as evidence is not smooth,the form of evidence use is not uniform,and the defendant’s litigation rights are not fully protected.In the context of the reform of trial centralism,we should focus on the organic balance between fighting crimes and protecting the value of human rights litigation,and improve the related supporting systems for the use of evidence obtained by technical investigation measures.In particular,the protective measures and specific application rules for the use of technical investigation evidence should be clarified,to further clarify the scope of the application of technical investigation evidence,standardize the use of materials obtained in technical investigation measures as evidence,refine the procedures for the transfer of technical investigation evidence,and strengthen the application of supplementary systems such as pretrial conference procedures and expert assistants.The review and judgment of the legitimacy of the evidence obtained by the investigative measures,and the establishment and improvement of criminal judicial remedies for technical investigation measures.At the same time,it is necessary to strengthen the restriction and supervision mechanism,strengthen the protection of human rights,improve the level of the rule of law in the use of technical investigation measures,and promote the use of technical investigation evidence in the field of criminal justice and even governing the country according to law to achieve sound development.
Keywords/Search Tags:Criminal proceedings, covert surveillance, use of evidence, review of the legality of the evidence, rule of law in criminal proceedings
PDF Full Text Request
Related items