Font Size: a A A

On The Convergence Norms Between Administrative Evidence And Criminal Evidence

Posted on:2015-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z H GaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
To solve the problem that administrative evidence and criminal evidence can not be linked well in the judicial practice for a long time,<the criminal procedure law of the People’s Republic of China>revised in2012has has made the preliminary specification through the second paragraph of article52, it broke through the previous academic theory of evidence transformation rules, the administrative evidencehas been granted criminal proof abilityin criminal judicial procedure in the form of laws and regulations, The judicial interpretation of both the supreme people’s court and the supreme people’s procuratoratehad made the conservative instruction to it, the principle that "oral evidence strictly applied, physical evidence directed applied" was generally established, because both the administrative procedure law and criminal procedure law have made the general rulesof evidencetypes, and they are slightly different,as results,there are a lot of controversy about the connotation and extension of a variety of evidencein the academic circles. in addition, because the judicial interpretation didn’t make a clear explanationfor the extension of the "administrative subject", just use the concept of administrative subject in a blur, also resulting in controversyin academic circles for the evidence linking subjects, the "Etc"in the interpretation also broughta series of debates on strict interpretation and expanding interpretation, that is to say,the current laws,regulations and judicial interpretations have not make a very good solution to problems of evidence for the types of evidence under the measure of the procedural justice, it need to be further clearly defined, we should make proper legislation to expand the scope of evidence types, only in this way can we reach achieve the purpose that making a perfect between the judicial theory and practice. Moreover, it need to make further discussion that the department of discipline inspection as the subject of investigation in the backgroundof fighting with corruption of our country, when the cases transform from the situation violating the law and discipline to involving in Corruption crime, whether the evidence linking rules an be applied or not, how to useit to hit corruption perfectly, these are the problems to be solved urgently in the end, I think it is necessary to improve the procedure that the application of administrative evidence in criminal procedure, only in this way,can the evidence in be better service for solving related cases.
Keywords/Search Tags:the evidence linking, the evidence transformation, the evidence type, theimprovement of procedure
PDF Full Text Request
Related items