The Evidence Of Administrative Law Enforcement’s Transformation And Application In Criminal Proceedings

On March 14,2012,the fifth meeting of the 11th Standing Committee of the National People’s Congress adopted a decision on the amendments of the Criminal Procedure Law of the People’s Republic of China.Article 52 of the newly amended Code of Criminal Procedure provided that the evidence of administrative law enforcement could be used in criminal proceedings.With the promulgation of the amendments of the Code of Criminal Procedure,and the introduction of judicial interpretation,people in the community has paid much attention to the evidence of administrative law enforcement’s using in the field of criminal procedure.People is concerned about how to transmit the evidence of administrative law enforcement into criminal evidence and how to use it in criminal proceedings,as well as if the evidence of administrative law enforcement has the same probative force.The convergence of the administrative law enforcement and criminal justice has been the hot issues of common concern of theorists and practitioners in recent years.But now the theoretical research is mainly focused on three types of problems,including the procedural convergence of administrative law enforcement and criminal justice,theory of administrative offenses and the treatment of concurrence of administrative penalties and penalty,the study was relatively weak on the aspects of evidence of administrative law enforcement’s transformation and application in criminal proceedings.In judicial practice,the problem of whether and how the various types of evidence of administrative law enforcement could be transformed into criminal evidence is to be solved.Under the background of amendment to the Code of Criminal Procedure,s introduce and judicial interpretation’s issue,this article has a thorough study of evidence of administrative law enforcement’ s transformation and application in criminal proceedings,it is designed to analyze the feasibility of evidence of administrative law enforcement’s transformation into criminal evidence,propose d different modes which a variety of different types of evidence of administrative law enforcement could be applied in,and tried to analyze and solve the problem of "fruit of the poisonous tree" and "trap forensics"that may be encountered in the conversion process.In addition to the epilogue,the body of this paper is divided into four parts.The first part is an introduction,it first introduced the background of the transformation and application of evidence of administrative law enforcement in criminal proceedings;then it defined and typed of evidence of administrative law enforcement;then it compared the evidence of administrative law enforcement and criminal evidence,analized the links and differences between the two anddistinction;finally it explained the phenomenon and analyzed the reason why the evidence of administrative law enforcement’s transformation widely exist in the judicial practice.The second part is the key part of this article.This part proposed a conversion mode of evidence of administrative law enforcement in the course of criminal proceedings.According to the different kinds and the collection of evidence of administrative law enforcement,this article divided the evidence conversion mode into three categories:the mode of direct transformation,the mode which can not be transformed and the mode which could be transformed by the statutory procedures.While introducing the conversion mode,this part elaborately explained each of these three modes of applicable objects,conditions,range,and made clear description of which mode the evidence of administrative law enforcement should apply to under different circumstances.Different types of evidence of the administrative enforcement should apply to the mode correspondingly based on the specific circumstances.The third part elaborated the matter which the review body to examine the evidence should pay attention to,after the body of administrative law enforcement transferred the evidence to the review body.In this part,the article clearly defined the scope of the review body,proposed the standards to be followed in the review as well as the methods of review,so as to ensure the successful completion of the evidence’ conversion.The fourth part separately elaborated the evidence of discipline inspection and supervision which is contained in the evidence of administrative law enforcement.This part first introduced the discipline inspection and supervision organs’ law base in investigating cases,the measure of collecting evidence,the type of evidence of discipline inspection and supervision.Then it pointed out the need of transformation of the discipline inspection and supervision evidence.Finally,this article pointed out the principles of evidence of the discipline inspection and supervision.The fifth part aimed at studying the difficult problems in the evidence transformation process and come up with strategies.This section describes two problems that may arise in the evidence transformation process,"the fruit of the poisonous tree" and "trap forensics".It elaborately analized the two problems which may appear in the administrative enforcement process,after the analysis it proposed strategies to solve the problems.The last section is the conclusion of this article.It stressed that under the background of issue of an amendment to the Code of Criminal Procedure and issue of judicial interpretation,it is significant to study evidence of administrative law enforcement’s transformation and application in criminal proceedings.