新刑诉法语境下技术侦查证据的使用与审查

摘要

The New Criminal Procedure Law invloves the measures of the technical investigation for the first time and evidence of the technical investigation is regarded as legality to reduce the phenomenon of evidence transformation in practice.However,the potential disadvantages still exist for the imperfect establishment of the regulation,especially for the checking of the evidence for the technical in-vestigation which is changed into the single verification outside court.It is a good solution to give the defense chance to participate the verification for the confliction between the cross-examinations from the defense with the confidentiality from the measures of the techni-cal investigation.It accords with the essence of the amendment of the law as well as the regulation of the judicial practice.%新刑诉法首次让技术侦查措施入法，并且肯定技侦证据的法律地位以期减少实践中证据转化现象。然而，制度设计并不完美，现行规定尚有潜在风险，特别是对技侦证据的审查易演变为单一化的庭外核实。让辩方有限制地参与庭外核实不失为辩方质证权与技侦手段保密性冲突的一条破解之路，既符合修法的本意，也遵循了司法实践的规律。