On Study Of Evidence Conversion In The Cohesion Mechanism Of Administrative Law Enforcement And Criminal Judiciary

In recent years, the cohesion mechanism of administrative law enforcement and criminal judiciary is the hot issues, which has become the concern of theory and practice. Presently, theoretical research has focused on the following three categories:the procedural interface in the cohesion mechanism of administrative law enforcement and criminal judiciary, administrative malfeasances and concurrence of administrative punishment and penalties. But relatively, the research about theory of evidence which involves in administrative law enforcement and criminal judiciary is not enough. This paper which mainly adopts comparative study and legal provisions interpretation makes an investigation on the credibility of evidence involved in the conversion process of administrative law enforcement evidence and criminal evidence.Part One:Introduction. This part introduces the research of administrative law enforcement and criminal judiciary is in straitened circumstances. It is chiefly because the problems concerning about the system, substantive law and evidence when the mechanism is running. Theoretical, the research about system and substantive law has got some achievement for the moment. However, in research on the issue of evidence, the quantity or depth of research of existing studies seems to be rather weak. Therefore, study on the cohesion mechanism of administrative law enforcement and criminal judiciary from evidence point of view is full of effectiveness and novelty. Besides, it also describes the methods and some innovation of the paper.Part Two:The necessity and feasibility of administrative law enforcement evidence conversion. In the first section, the article points.out the necessity of the administrative law enforcement evidence changes to the criminal evidence. Firstly, because of the basic principle of administrative crimes, evidence conversion in the pattern of trend and solve in such cases is inevitable. Then,from the aspect of Improving efficiency and reducing litigation costs, evidence conversion is inevitable. Thirdly, in order to improve the quality of fighting against crime and collecting evidences, evidence conversion is necessary. In the second section, it analyses the feasibility of evidence conversion. This article mainly points out evidence conversion in two programs is feasible in the following three parts, the similarity of administrative law enforcement evidence and criminal evidence, the basic characteristic and the body of the administrative law enforcement's professionals.Part Three:law barriers of the administrative law enforcement evidence in Criminal Litigation. Firstly, it analyses the three law barriers under the active Criminal Procedure Law system, those are:the illegal of obtaining evidence object in adopting administrative law enforcement evidence, the illegal of evidence-gathering procedure, the illegal of evidence form. Secondly, according to the relative theories of evidence credibility, the existing three law barriers does not deny the evidence ability of administrative law enforcement evidence.Part Four:Basic rule of evidence conversion. In the first section, on the basis of surveying the foreign evidence theory and legislative experiences, it puts forward that when evidence conversion happens, reliability constant principle, protection principle and proportionality principle of social interests and public policy should be followed with practice of China's principle of rule of law. Then, the discussions about material evidence and verbal evidence are respectively made in second and third section. Among them, the analysis of material evidence is divided into five separate parts. In first part, it analyzes the characteristics of material evidence and its transformation reliability. In second part, it analyzes the characteristics of written evidence and in order to make sure the written evidence's security, what best evidence principles should follow. In third part, it introduces the development of audio-visual.materials and its peculiar reliability and the risk. In fourth part, it describes that in order to prevent the aggression of material evidence to society interests and public policy, what measures have been taken, and also points out that there will be no risks associated with when administrative evidence changes to criminal evidence in China's existing program. In fifth part, it mainly points out that what should be proved in existing administrative law enforcement procedure and some exceptions of evidence conversion. Third section, it analyzes verbal evidence. This part is talked about the research on the following four evidence patterns—witness and testimony, the indication of person with illegal conduct, evaluating conclusion and investigation or examination of record. This section also analyzes the volatility characteristics of material evidence, and notes its limit affected by the hearsay evidence rules. Therefore, verbal evidence collected by administrative law enforcement organs should not be adopted on principles, but for verbal evidence which can meet specified conditions should be transform in exception.