Research Of The Convergence Mechanism Between Administrative Evidence And Criminal Evidence

The design of’ illegal’ and’criminal’ separation system has always been implemented in China. But administrative illegal and criminal has a close logical link, especially the progressive relationship in terms of the degree of social harmfulness, so the serious administrative illegal behaviors may constitute a criminal, therefore the administrative law enforcement and criminal justice has the necessity and possibility to connect. Administrative law is different from the criminal, proving that the general illegal administrative enforcement evidence is different from criminal evidence of criminal crime. However, for a long time, both in academic and practice, the application qualified issue of the administrative law enforcement evidence in criminal justice has always been debated.Until the revised criminal procedure law of the People’s Republic of China in 2012, it has made the preliminary specification. In article 52, paragraph 2, it stipulates that the evidence material such as the physical evidence, documentary evidence, audiovisuals, electronic data that the executive branch collected in the process of administrative enforcing and investigating, can be used as evidence in criminal procedure. The provisions of the administrative evidence can be used as evidence in criminal procedure established the access system for executive branch, which solved the embarrassing’ identity’ problem in evidence, which saves judicial resources, improves the efficiency of the proceedings, and overcomes the evidence difficult dilemma that due to the professional restrictions.However, there is only a provision to regulate the important problems between the convergence mechanism of administrative law enforcement evidence and criminal evidence, which may not be able to effectively regulate and guide the practice. Then, the interpretation of the Supreme People’s Court on the application of criminal Procedure Law, the people’s protectorate criminal procedure rules, and the program rules for the criminal cases handled by the public security organs have also issued the rules to explain this problem, but these explanations has a tendency to repeat in paragraph 2 of article 52 in some ways. The connection of two kinds of evidence still exist the outline on the legal basis. In terms of the types of the linking evidence, the interpretation on’ etc’ brought a series of debates on strict interpretation and expanding interpretation, physical evidence and rhetoric evidence in the disposal existed the differential treatment; in the aspect of administrative law enforcement evidence of transfer subject, the judicial interpretation didn’t make a clear explanation for the extension of the administrative subject, whether the party’s discipline inspection organ, the organization authorized by the laws and regulations, and the organization entrusted by an administrative organ can be the main body to transfer administrative law enforcement evidence in practice, there is no clear explanation; In the aspect of the concrete operating procedure of administrative law enforcement evidence, the reasonable time to transfer, the review subject of administrative law enforcement evidence and the application of the criminal illegal evidence elimination rule lack the provisions in detail.Only a system and rule can correspond with and the practical requirements that can produce strong vitality and force. First of all, the connection on the scope and the types of the two kinds of evidence should appropriately expand the explanation, introduce the oral evidence and expert opinion into the scope of the linking evidence, in order to achieve the purpose of the legislation and judicial practice benign combination; Secondly, in the current big line regulation under the background of the wind of corruption of our country, we should recognize the discipline inspection departments have the subject evidence qualification of the administrative law enforcement, which can achieve the effect to strike the corruption in the largest extent; Finally, on the refinement of administrative law enforcement evidence in criminal judicial procedure during the specific procedures, we should strengthen the supervision function of pro-curatorial organs, improve the supporting measures on evidence linking mechanism, set up the information sharing platform and the system of joint conference.