论技术侦查材料的证据资格

The Evidence Qualification of Technical Investigation Data

技术侦查在各类侦查工作中不但应用广泛而且侦查效果显著,但刑事诉讼法未对技术侦查进行应有规范,造成了技术侦查实施的合法性受到质疑,同时也导致技术侦查所获材料的证据能力降低甚至被忽略。如何认定技术侦查获得材料的证据资格是司法实践中亟待解决的问题,这对查明案件事实真相、提高司法各阶段的办案效率、实现当事人正当权益有现实意义。

In different kinds of investigation,technical investigation is not only widely applied,but also has noticeable efficiency,however,the Criminal Procedure Law didn＇t normalize the technical investigation,which made the legality of carrying out technical investigation become suspicious,and at the same time,the evidence capability of materials obtained by technical investigation will become low,even be neglected.How to confirm the evidence qualification of materials obtained by technical investigation is the problem to be solved in juridical practices,which has realistic meanings to find out the truth of case,improve the case-dealing efficiency at different stages and realize the legal interests of the parties.