Research On Conversion Issues In Administrative Evidence In Criminal Litigation

In our long judicial practice, the use of large amounts of public security andjudicial administrative evidence in criminal proceedings, the administration of justiceto do so not only save resources, reduce the cost of handling criminal cases, but alsoimproves the efficiency of the criminal justice proceedings.But it has been criticizedis: public security organs will be applied to the evidence in criminal proceedingsadministrative activities, its legal basis for what? Can use? Use it directly or use it touse it after conversion? The introduction of "Code of Criminal Procedure"in2012, tosolve this dilemma judicial practice, the second paragraph of Article52establishes aevidence conversion system of administrative evidence to the Criminal Evidence. Ifirst converted from the necessity of both theory and evidence to explain theadministrative evidence to the Criminal Evidence converted basis, focusing on thecommonalities and differences between the administrative analysis of evidence andcriminal evidence.Secondly, by focusing on more "Supreme People’s Court on theapplication <People’s Republic of China Criminal Procedure Law> number of issuesof interpretation"(hereinafter referred to as "the supreme law of judicialinterpretation") and the "People’s Procuratorate Rules of Criminal Procedure (Trial)"(hereinafter referred to as "Supreme Procuratorate judicial interpretation ") ofadministrative evidence to the criminal evidence conversion, to illustrate my point ofview, the export administration evidence applied to convert a range of evidence incriminal proceedings. Thirdly, the administrative body of evidence from a review ofthe Criminal Evidence conversion, review the contents and the applicable rules ofevidence three aspects of the administrative review mechanism for the conversion ofthe evidence to the Criminal Evidence, discusses the evidence conversion systemshould be noted that the conversion process problems and solutions. Finally, I wasbuilding a sound administration of the evidence put forward concrete ideas to convertthe system of criminal evidence, hoping to help the legislation and practice.