A Study On The Transformation Of Administrative Evidence Into Criminal Evidence

With the complex of China’s social and economic development and social life, relationship between administrative law enforcement and criminal justice which is getting more and more close. The administrative evidence to criminal evidence transformation has become a focus of legal theory and practice in recent years. In this regard. In this regard, scholars made a lot of theoretical research, the research mainly focuses on the administrative evidence in criminal lawsuit transformation and application program of cohesion, the theory of administrative crime and the coincidence between administrative punishment and penalty treatment and other three kinds of problems. However, the relevant administrative evidence into the research of evidence theory involves in the process of criminal evidence is relatively weak. In judicial practice, various administrative evidence of different types can be transformed into criminal evidence and how it is transformed into the problem of criminal evidence are to be solved.In March14,2012, the fifth meeting of the Standing Committee of the Eleventh National People’s Congress passed the "on the revision of criminal procedure law " of the people’s Republic of China decided to", which increases the "administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case, audio-visual materials, electronic data evidence materials stipulated in the criminal procedure, can be used as evidence.". Subsequently issued "the Supreme People’s court" interpretation concerning the application of people’s Republic of China Criminal Procedure Law>, further by administrative organs in administrative law enforcement and investigation to collect evidence in the court case,"verified, and collection procedures in accordance with the provisions of relevant laws, administrative regulations, can be taken as a basis.""Criminal law amendment" the laws and judicial interpretations, for the first time in the legislative basis of administrative evidence can be transformed into criminal evidence, make the connection between the two have a legal basis. But the new "criminal procedural law" and the judicial interpretation of the provisions still can not meet the needs of the judicial practice, only the evidence into categories, the current regulations relate only to the transformation of physical evidence, for the evidence didn’t make the list. Get verbal evidence in administrative law enforcement and case handling in need conversion, converted into criminal evidence is still questionable. At the same time, the fifty-second in the "executive" category, the law does not clearly defined, all these need further clarification.The author compares the administrative evidence and criminal evidence, analyzes the feasibility of transforming the administrative evidence of criminal evidence, studied the two conversion value, and systematic analysis and research of the administrative evidence into practical problems faced and Countermeasures of criminal evidence.