论文部分内容阅读
技术侦查是现代刑事侦查的秘密武器之一,与传统侦查相比,技术侦查的应用问题一直备受理论界和实践界的关注。技术侦查可以使侦查机关获取不利于直接获取的证据,进而更好的打击犯罪,保障人民的合法权益。在保障人权与打击犯罪并重的现代刑事诉讼法中,技术侦查是一把双刃剑,让人又爱又恨,始终面临着不得不用但又必须慎用的窘境,为解决技术侦查在实践中的各种问题及规范技侦证据在诉讼法中的应用。我国在2012年新修订的《刑事诉讼法》中明确了技侦证据的法律效力及使用的相关权限。尽管如此,利用技术侦查获取证据的使用仍然值得讨论。
Technical investigation is one of the secret weapons in modern criminal investigation. Compared with traditional investigation, the application of technical investigation has always been the focus of both theorists and practitioners. The technical investigation can make the investigation organ obtain the evidence that is unfavorable to the direct acquisition, and then better crack down on crimes and protect the legitimate rights and interests of the people. In the modern criminal procedure law that pays equal attention to both human rights and the fight against crime, technical investigation is a double-edged sword that makes people love and hate each other. They always face the dilemma that they must resort to but must be cautious. In order to solve the technical investigation in practice And to standardize the application of technical investigation evidence in procedural law. In 2012, the “Criminal Procedure Law” newly revised by China clarified the legal validity of the evidence-based investigation and the related authority to use it. Nevertheless, the use of technical investigation to obtain evidence is still worth discussing.