The Evidence Materials Collected By The Administrative Branch Used In Criminal Proceedinds

The administrative enforcement and criminal justice convergence mechanism has been developed well in our country. But there is little regulations for evidence. Theoretical research is weak, too. The Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of Justice jointly issued a statute, namely "The opinions about some issues of applicable law in handling criminal cases of infringing intellectual property rights ". This statute rules the criminal evidence ability of administrative evidence for the first time. But it’s difficult to play a role in the judicial practice because of the low legal effect. The new "Criminal Procedural Law" clearly defines that the evidence collected by administrative organ in executive law enforcement and investigating cases can be used as evidence in the course of criminal proceedings. This is a breakthrough in the development of the reduced cohesion mechanism. But only with a provision to regulate the important problems may not be able to achieve the desired effect. This paper mainly uses classification, comparison, law interpretation and empirical research methods to explain how the evidences collected by administrative organ be used in the criminal litigation.The introduction part of this article mainly elaborate the current situation of the evidence linking problem between the Administrative departments, public security and judicial organs, the background of issuing the new "criminal procedural law", the importance and novelty of researching this topic. This article consists of four parts in addition to the introduction part and the conclusion part. The specific research ideas and design is as follows:The first part is the basis theory of the administrative evidence materials used in the criminal lawsuit. First, this part expounds the connotation of the administrative evidence first, then writes out the similarities and differences between "evidence" and "evidence materials ".Second, compares the administrative evidence and criminal litigation evidence.Third, expounds the value of administrative evidence using in the criminal lawsuit.The second part is the problems and concerns of the administrative evidence materials used in criminal procedure. First of all, analyze the imperfections of current legislation about the administrative evidence materials used in the criminal litigation. The provisions of the law didn’t rule clearly on a lot of problems, especially on the procedural rules. Different departments formulate different legal interpretations on the same issue. All these problems will lead the new rule can’t be well applied in the judicial practice. Next, analyze and predict the possible problems during the process of the new rule’s implementation.The third part is the perfection of administrative evidence materials used in criminal proceedings. This part is the main part of the article. Mainly raise some measures to consummate for the shortcomings that the second part puts forward. Aiming at the problems existing in the legislation we can take the measures as follows:First, it should be clear in the law that what kinds of administrative evidence can be used in criminal proceedings. Second, the specific procedures of the administrative evidence used in criminal litigation should be stipulated in the legislation. Third, we should integrate the legal interpretation and safeguard the unity of the legal system. Aiming at the problem of the new regulations in the implementation process we should strengthen the supervision of procuratorial organ on the collection and deportation of the administrative evidence.The fourth part is the supporting measures and ideas to guarantee the administrative evidence be used in criminal lawsuit effectively. We can improve the administrative evidence collection work by improving the administrative organ staff’s quality and ability of evidence collection work, optimizing the forensic evidence methods, and establishing an evidence identifying mechanism. In addition, we can set up the mechanism of administrative organs and judicial organs work cohesion and promote the standardization of the legal document of evidence between the administrative organization and the judicial organs to guarantee that the administrative evidence can be used in criminal lawsuit effectively.