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《关于办理死刑案件审查判断证据若干问题的规定》第35条对特殊侦查取得证据的法律地位予以了认可,规定用特殊侦查措施得到的材料可以作为证据使用。新刑诉法中的第152条也突出肯定了技术侦查所取得材料的证据地位。由于侦查机关通过特殊侦查措施所获证据材料的使用问题研究较少,本文拟对特殊侦查措施的概念、特殊侦查措施所获证据材料的使用及其产生的弊端进行论述,并就其弊端提出完善措施。
Article 35 of the “Provisions on Several Issues Concerning the Examination and Judgment of Evidences for Handling Death Penalty Cases” has been approved in the legal status of the evidence obtained by special investigation and stipulated that material obtained by special investigation measures can be used as evidence. Article 152 of the new Criminal Procedure Law also highlights the evidentiary status of materials obtained from technical investigations. Since there are few studies on the use of evidential material obtained by investigating authorities through special investigative measures, this article intends to discuss the concept of special investigative measures, the use of evidential materials obtained through special investigative measures and their defects, Measures.