Research On Access Issues Of Administration Enforcement Evidence In Criminal Proceedings

In Our country the illegal behavior is divided into general illegal behavior and criminal behavior. Generally illegal behavior will be evaluated for crime when it is up to a certain extent, and at this time we need to enter the criminal judicial procedure to carry on the punishment, as a result, all kinds of administrative organ is bound to be faced the question of the access of administrative enforcement evidence. The revised "criminal procedural law" added the paragraph 2 of article 52: "The collection of material evidence, documentary evidence materials, audio-visual materials, such as electronic data by the administrative organ in the administrative law enforcement and case investigation, can be used as evidence in criminal procedure". About administrative evidence in the criminal procedure law of our country, the author of this paper after the analysis of the provisions of the criminal procedure law, put forward two questions. The first is the range of evidence in the second paragraph of article 52 in "criminal procedural law". The second is the specific meaning of "can be used as evidence". All above questions need to solve when we do research on second paragraph of article 52.Firstly, the author compared the difference in administrative enforcement evidence and criminal procedure evidence, mainly including the difference of collection subject, the difference of evidence program, he difference of proof standard. Secondly, the author studied the scope of material evidence, documentary evidence, audio-visual materials and the electronic data evidence materials and so on. The author divided it into three groups, including the group of material evidence, documentary evidence, audio-visual materials, electronic data, the group of expert opinion, record of examination, inspection reports, and the group of oral evidence. Finally, the author explored the meaning of "can be used as evidence”. From the meaning of "can", to the meaning of "evidence", to the meaning of "use", the author divided the evidence material into the use in final decision, or as the use in final decision after revision or reasonable explanation and the use as clues to make decisions. In this article, the author identify the confirmation of the access of the administrative enforcement evidence through research on the scope of evidence and analysis of the accurate meaning of the regulations.