부산대학교 도서관

技术侦查证据在刑事诉讼中具有重要作用,但是,由于相关法律规范不完善,刑事诉讼中技术侦查证据的运用面临困境.其主要表现有二,一是技术侦查证据核实方式易异化,二是技术侦查证据运用缺乏有效制约.对此,应细化相关立法,完善技术侦查证据核实制度,健全技术侦查证据运用的监督制约机制,明确"瑕疵"技术侦查证据补强的限制规范,以推动技术侦查证据在刑事诉讼中更好发挥作用.
Technical investigation evidence plays an important role in criminal proceedings,but it also faces many problems.First,there is a lack of detailed legislative guidance on the specific application of technical investigation mea-sures and the evidence obtained,resulting in unclear application scope,procedures,conditions,etc.Second,the alien-ation of technical investigation evidence verification methods results in the inability to fully protect the right to defense.Third,the use of technical investigation evidence lacks effective supervision and control,resulting in its inability to fully play its role as evidence.In this regard,in addition to refining relevant legislation,we can also improve the technical inves-tigation evidence verification system,explore the participation of the prosecution,defense and trial parties in out-of-court verification,strengthen supervision and restrictions on the use of technical investigation evidence,and limit the reinforce-ment of"defective"technical investigation evidence,Promote technical investigation evidence to play a better role in crimi-nal proceedings.