Research On The Application Of Administrative Expert Opinion In Criminal Procedure

Whether and how to use administrative expertise in criminal proceedings is an important research content of the connection of execution evidence.Administrative expert opinions are the combination of "administrative appraisal" and "opinions",rather than the combination of "administration" and."expert opinions".The research object of this thesis is the result of administrative appraisal,that is,the professional and opinion data produced by administrative appraisal.The root of "identification" lies in the existence of special problems,and its meaning is "identification and determination".In a broad sense,administrative expert opinions refer to the professional opinions obtained by the administrative organs through administrative appraisal in accordance with their functions and powers.They specifically include three categories:the expert opinions made by the appraisal institutions and appraisers entrusted by the administrative subjects in the process of administrative law enforcement,the inspection reports and administrative confirmation opinions issued by the administrative organs in accordance with their functions and powers.The article is divided into five charters:Chapter 1 discusses the basic problems such as the theoretical positioning,connotation characteristics and evidence attributes of administrative appraisal opinions.On this basis,it compares the differences and relations between administrative appraisal opinions and similar evidence forms such as appraisal opinions,inspection reports and identification opinions one by one.Chapter 2 searches the criminal cases involving administrative expertise opinions in 2019,reads and analyzes their criminal judgments,and finds the questions in the examination and adoption of administrative expertise opinions in judicial practice.Chapter 3 carries out extraterritorial investigation.The definition of extraterritorial crimes,legal system and judicial procedures are basically divided into two types:one is the dichotomy of administrative violations and criminal crimes in countries such as Germany and Italy,and the other is the integration of violations and crimes in countries such as the United States,France and Britain.In the latter legal operation system,there is no connection between execution and execution;In the former legal operation system,there is basically no dilemma of evidence connection because the administrative organ is given the investigation power of criminal assistance.However,the extraterritorial system also has something to learn from,such as the restriction and restriction of rights protection and illegal evidence exclusion rules on the adoption of administrative expertise.Chapter 4 analyzes the evidentiary capacity and probative power of administrative appraisal opinions.The legal system and legal procedure of administrative expertise and judicial expertise are different,which leads to the dispute that administrative expert opinions enter criminal proceedings.Through the distinction and comparison between administrative illegality and criminal crime,administrative evidence and criminal evidence,such as the comparison of fact finding,evidence form elements,evidence collection procedures and proof standards,this thesis studies the influencing factors and theoretical gap of the use of administrative expertise in criminal proceedings.Based on the above comparison,the four viewpoints of the theory of evidentiary capacity of administrative expert opinions,namely "the theory of authorization and entrustment transformation","the theory of repeatable collection","the theory of negation" and "the theory of legitimacy review",are biased.The system differences caused by administrative lawlessness and criminal crime are not enough to constitute the internal basis to prevent administrative expert opinions from entering criminal proceedings,However,it can be a legitimate reason for formal preview.Chapter 5 puts forward the theoretical conception of reviewing administrative expert opinions,which is designed from three angles:litigation stage and review subject,review method and content,and review procedure.