关键词: 技术性证据, 专门审查意见, 检察机关, 证据性质, 司法适用

Abstract: Criminal proceedings in the digital age must address an increasing number of issues involving specialized technical fields. The proper application of specialized review opinions on technical evidence benefits both the enhancement of evidence proof capabilities of the  procuratorial organs and the improvement of factual accuracy in case determinations by courts. However, the nature of evidence of these opinions lacks legislative confirmation, rendering their judicial application legally unstable. From the perspective of evidence law, recognizing their nature as evidence aligns with their intrinsic attributes and follows a tripartite logic: adhering to technical specificity, reducing evaluation risks, and strengthening supervisory functions. Judicial practice should prioritize constructing review rules to avoid superficial court examination under the misrepresentation of “knowledge-power” discourse. The specific points can be focusing on evidence categorization, case file transfer and access, cross-examination of personnel, and evaluation standards, which can contribute to refining China’s criminal evidence framework and advancing the modernization of the rule of law with Chinese characteristics.

Key words: technical evidence, specialized review opinion, procuratorial organ, nature of evidence, judicial application