Study On Convergence Between Administrative Evidence And Criminal Evidence

Our country executes "illegal crime" dual punishment system,executive power and judicial power is crossed,the suspected criminal evidence obtained during the process of administrative law enforcement is handed over to the judicial organs,establish a administrative evidence linking with the criminal evidence system can effectively integrate the law enforcement and judicial resources,give full play to the system,improve the efficiency of punishing illegal crime.Administrative organs jointly with the judicial organs to improve the procedures of administrative and criminal evidence linking evidence,and promote the construction of sharing information platform,to solve the conflicts of the indictment and the executive improper applicable compulsory measures such as law enforcement,and strengthen supervision investigation activities and the supervision of administrative and criminal evidence linking evidence,to ensure that the illegal and criminal legal,effective and fairness,to safeguard social harmony and stability.Evidence based on the administrative and criminal evidence linking program(hereinafter referred to as the evidence linking program)as the research object,the theory about administrative evidence and criminal evidence linking process comb,evidence in administrative and criminal evidence analysis as a starting point,this paper builds the administrative evidence and the possibility of criminal evidence linking program,then the case analysis,proves the necessity of constructing evidence linking program,and further demonstrates the present evidence linking program in the practice of advantages and disadvantages,and connecting with the regional pilot experience,put forward to perfect the administrative evidence and criminal evidence linking Suggestions.First,perfect the procedure of administrative authority over the administrative evidence,improve administrative law enforcement working ability,give play to the role of the advantage of the legal adviser,establishes a system of administrative responsibility list.Second,strengthen the judicial organs in the leading role in evidence linking program,the investigation organ right to interfere in advance,for evidence linking review process.Third,perfect the supervision of the evidence linking program,optimize supervision means,to expand the channels of supervision information sources to ensure cohesion efficient and smooth.Fourthly,perfect the right remedy and power supervision procedures,apply to illegal evidence exclusion of evidence review procedures,such as building intelligent analysis,search,exchange of information system,punishing illegal crime at the same time,in case of strengthening propaganda,effectively and bring into play the function of punishment prevention and education,makes the evidence,the case is transferred for cohesion,put on record to the prosecution and supervision program,form a scientific administrative evidence and criminal evidence linking process.