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2013年实施的《刑事诉讼法》首次将技术侦查纳入其中,这使得技术侦查人员从幕后走向台前,也使得技术侦查所获相关材料具有了证据的可能性,同时也要求技术侦查人员的证据意识相应要有所提高,从以前的收集的“材料”思想转变为技术侦查取证所获得“证据”思维中来。但是,由于我国目前的技术侦查立法还不完善,制度规范也不够周密,使得司法实践中技术侦查人员的证据意识常常不被重视,甚至被忽略,这无疑与现行的法律规定不符,亟待进一步完善。
For the first time, the Code of Criminal Procedure, which was implemented in 2013, included technical investigations, which enabled technical investigators to move from the background to the stage and also provided the possibility of evidence of the relevant materials from the technical investigation, as well as the evidence of technical investigators Consciousness should be increased accordingly, from the previously collected “material” thought to “evidence” thinking obtained from technical investigation and evidence collection. However, due to the imperfect legislation of our country and the poor standardization of the system, the evidential awareness of technical investigators in judicial practice is often ignored or ignored. This is undoubtedly inconsistent with the existing laws and regulations and is in urgent need of further improvement .