The Perfection Of Legislation Convergence Between Administrative Evidence And Criminal Evidence

"Code of Criminal Procedure", Article 52, paragraph 2, states: "The evidence in the administrative process executive law enforcement and investigating cases collected evidence, documentary evidence, audio-visual materials, electronic data, etc., can be used as evidence in criminal proceedings." 2This provision aims to clear cases relevant evidence material into the application of this system in a different position in the legislative proceedings of. Although since 2001, to regulate the use of administrative law enforcement evidence in criminal proceedings, the introduction of a number of documents of various departments, but the evidence for the problem, the type of evidence can be transformed and the rules and procedures are not systematic transformation rules. These documents, registration and administrative regulations or departmental rules, "two high" judicial interpretation does not belong to the category of formal legislation. The new Code of Criminal Procedure, a formal way of legislation to make administrative evidence has entered the legal basis for criminal proceedings.The three materials of evidence is the basic of entering the criminal process applies. Although law enforcement is public power used in the field of social management, which pay more attention to efficiency; and criminal justice jurisdiction was to operate in the field of justice, which must be more particular about the fair, as well as more stringent procedural requirements. Even the different operational areas of power, social security relations vary, but the evidence as to recognize the fact that social relations, with legitimacy, objectivity and relevance, in the field of administrative and judicial is common. Thus said the new revised Code of Criminal Procedure, the evidence conversion applicable, save social resources, improve efficiency, cost savings is a great sense legislation. However, the revised version of the "Code of Criminal Procedure" statements Article 52, paragraph 2 is extremely simple, the program process is too thin, the operation of the provisions of the vulnerability is also reflected in practice. Because of the ambiguity of the provisions of its own, combined with an effective judicial interpretation fails to replenish the introduction of administrative enforcement evidence into evidence in criminal proceedings to questions on both procedural and substantive law lacking. Evidence relating to the use of the administrative system remains to be studied to improve the judicial proceedings.This paper uses empirical research, comparative demonstration, historical documents and other research methods, this thesis is divided into four parts detailed argument: The first part is the study of evidence into meaning. This part of the proceedings from the effect to be achieved, in favor of cost savings and professional security administrative body to elaborate administrative evidence in criminal proceedings applicable results.The second part is the provisions of paragraph 2 of Article 52, "Criminal Procedure Law" analysis of the problem exists. Regulations and legislation on the statute describes defects.The third part is the concept of evidence Legislation transformation. Sound evidence into the program, is a system of legislative projects. This law enforcement agencies, the investigating authorities, prosecutors are a test. The main problem is clear evidence of the transfer of conversion, determine the scope of the evidence conversion is possible.