Research On The Evidence Transformation Of The Link Hetween Administrative Law Enforcement And Criminal Justice

The research on the translation of administrative law enforcement evidence and criminal justice evidence belongs to the problem area of the connection between administrative procedures and criminal procedures.The linking mechanism between administrative procedures and criminal justice procedures contains two parts of evidence and proof.Article 52,paragraph 2,of the new Criminal Procedure Law of 2012 stipulates:"Evidence materials such as physical evidence,documentary evidence,audiovisual materials,electronic data collected by administrative agencies during administrative law enforcement and investigation of cases can be used as evidence in criminal proceedings.."This rule clarifies the issue of the convergence of evidence in administrative and criminal procedures.To a certain extent,it can be considered that the provisions of this paragraph respond to the long-standing problems of administrative evidence and criminal evidence transformation in China’s criminal judicial practice.In the currently applicable legislation and related judicial interpretations,the form,standard and scope of the conversion of administrative evidence in criminal justice procedures are still too vague,leading to frequent problems in practice and greater controversy when encountering problems in practice..Evidence is the basic element of the linking mechanism between administrative law enforcement and criminal justice.Both administrative violations and crimes involve the evidence system.Both require evidence to comply with the "three natures" and both regard this as the legal basis for determining facts.They are different from each other in terms of evidence collection procedures and objects of certification.Evidence has become an important development factor in the convergence of the two laws.China’s current judicial interpretations have insufficient provisions on the use of administrative law enforcement evidence in criminal proceedings,and some procedural provisions are in conflict with each other.These have led to inconsistent judicial practice and may restrict its use.:The first chapter,the introduction,mainly introduces the research background and significance of the application of administrative evidence in criminal justice procedures,as well as the research methods and main innovations.The second chapter mainly discusses the rationality and feasibility of the convergence of administrative law enforcement and criminal justice evidence.The main answer is the operability of the administrative law enforcement and criminal justice evidence connection mechanism in practice,which comes from the intersection between the two in theory and the necessity of the actual needs.First,it introduces the procedural convergence of the administrative law enforcement and criminal justice evidence connection mechanism.In practice,there have been a large number of practical cases.Secondly,the overlap between the two and their consistency in the principle of evidence are discussed.Evidence must be capable of evidence,and both must follow the procedures and the principle of trial-centeredness.Finally,we discuss the irreproducibility of administrative evidence.Once the administrative evidence has timeliness and irreproducibility,it cannot be obtained again.It has an important or even decisive effect on the process of criminal justice.This also determines the transformation of administrative evidence into criminal evidence.Necessity.The third and fourth chapters introduce the problems in the application of administrative evidence in the criminal justice process,and analyze the causes of the problems:the definition of the administrative agency is unknown,the scope of the type of evidence is unknown,the circumvention of illegal evidence,and the related mechanisms are not perfect.The fifth chapter proposes the perfect measures in the criminal evidence convergence mechanism of administrative evidence conversion.Firstly,the exclusive status of administrative law enforcement officers is identified,the ownership of the witnesses of administrative law enforcement officers is attributable,and secondly,some operable measures for improving the unified standard of the convergence mechanism are proposed.Suggestions and suggestions to improve the communication mechanism between administrative law enforcement and criminal justice departments and strengthen communication when they encounter problems during the work of the two to solve the practical dilemma caused by the inconsistency between the certification standards and the evidence collection process.