Research On The Use Of Administrative Law Enforcement Evidence In Criminal Justice

“Criminal Procedure Law” plays a crucial role in punishing and fighting againstcrimes, protecting and safeguarding human rights. Its general overhaul attractstremendous attention. And evidence occupies an improtant position in criminalprocedure as the basis of judicial organs about ascertaining facts and lawsuiting. Thisadmendment of “Criminal Procedure Law” involves in the founding, changing andabolishing of the evidence system. Not only are there many highlights, but drew aheated debate.In recent years, government has continued enhancing linking work betweenadministrative enforcement of law and criminal justice, which cracks effectively downevery kinds of criminal that breaches order. Due to the diversity and comlication ofadministrative enfrocement of law and criminal justice, it is still difficult to transit andconnect both of them smoothly, with the highlight of the transformation fromadministratice enforcement of law to criminal justice. With an increase ofadministrative criminal cases, government thinks more and more highly of theproblem of transformation of evidence between administrative law and criminal. Theunsmoothness of evidence transition system between admistrative law and criminaljustice has still bothered justice office. In order to fight against crime, improve theeffiency of lawsuit, and realize the efficient transition between administrative law andcriminal crime, finally the new Criminal Procedure Law, which passed on March14,2012, has made a clear provision of evidence transformation between them. Article52, paragragh2of the new Criminal Procedure Law regulates that, material evidence,documentary evidence, audio-visual materials, electronic data and other evidence thatexecutive organization collects during administrative enforcement of law and casesinvestigation, can be used as evidence in criminal lawsuit, which provide legal basisfor efficient connection of evidence between administrative enforcement of law andcriminal justice. The regulation of the usage of evidence in the connection of two laws,not only is helpful to pushing the successful connection with two laws forward, andimproving lawsuit efficiency, but means that legal status of administrative law enforcement evidence in criminal lawsuit gets confirmed, and is expected to eliminatehidden trouble caused by investigation organization that used to regain the evidence,which is so meaningful to the perfection and development of the transformation fromadministrative law enforcement to criminal justice evidence and the connectionsystem of criminal justice.At the present, the research on application of administrative law enforcementevidence in criminal justice is still weak, and there are some problems ofadministrative law enforcement enterring criminal lawsuit needing further clearance.This paper starts from how administrative law enforcement evidence transform andapply in criminal lawsuit, and rules of evidence review, considers substantiveevidence view as theory basis, analyzes the problem in transformation andapplication of administrative law enforcement in criminal lawsuit at the present, andproposes a specific solution different evidence basis in practical attitude.