Study On The Effect Of Administrative Investigation Evidence: With The Perspective Of "Fishing Enforcement"

In the year 2009, the transport entrapment (Fishing enforcement) occurred in Minhang District was disclosed by the media, cause an outcry in social and pushed the administrative law enforcement problem into two-decade-long. When all social parties means to forensics criticism, the author had visited several forefront department of the"fishing enforcement", discussed &surveyed the events, summarized many firsthand materials, have had a basic understand of the transport entrapment. The author with enough study and theory, in the first part of essay, discuss the law enforcement in the fishing enforcement investigation and evidence collection means using. From the destination, the subject and the way to analyze and studied in the so-called "temptation investigation" means. The author believes illegality administrative law enforcement shall not be applicable.The evidence is the basis of ascertaining the facts, with objectivity, authenticity, legality. The principle of administrative law enforcement administrative law enforcement should be lawful, demand is reasonable. The author believe it must rely on the lawful and fair of forensics way. However, facing the increasingly complex social phenomenon,administrative investigation and evidence collection means are relatively scarce,"forensics difficulty"issue has not been solved. The administrative law enforcement is bogging down. The first part of article only explains whether the"fishing enforcement"be applied to the administrative law enforcement investigation of evidence, which is a long ignored field.Throughout our current administrative law enforcement system, there are many problems in the administrative census and evidence collection process. The second part of article is the analysis of the current investigation of evidence to the three administration problems existing in the practice, include the exercise of investigation, investigation procedure and investigation executives control.Facing several outstanding problems in the second part, the author tries to study the corresponding countermeasures, standardize administrative survey activities, ensure the administrative law enforcement evidence be legal & effective. To achieve the target needs both standardize administrative investigation and evidence collection program, from the Angle of administrative organs to guarantee program investigation of evidence legitimacy, and start from administrative organs from evidence itself, their properties, characteristics of Angle, combined with administrative organs of the internal organization work mode, to formulating relevant rules, strengthens the administrative organs of the evidence obtained inside whether lawful and valid review. The third part of article made analysis research of administrative law enforcement of the first investigation of evidence shall follow the principle of application and related system construction.The fourth part discusses how to ensure the administrative authorities investigation of evidence obtained the lawful and effective evidence. Includes eliminating illegal evidence rules, a complete review rules and files exclusive survey in administrative rules shall be how to use, and administrative organs from internal can concepts, technical level and strengthen supervision and aspects of perfection.