Study On The Lssue Of Procedural Convergence Between Administrative Evidence And Criminal Evidence

In March14,2012the Article52of Criminal Procedural Law stipulates:" thematerial evidence, documentary evidence, audio-visual materials and electronic dataevidence that the administrative organ collect in the administrative law enforcementand investigation, can be used as evidence in the criminal proceedings." This will bethe first time to set the competency of the administrative evidence into judicialprocedure on the legislative aspect. The Article65of interpretation of CriminalProcedure Law the people’s Republic of China, the Article65of The people’sProcuratorate rules of criminal procedure and the Article65of the public securityorgans Procedural rules for criminal cases, have already explain this law. But thereare still several problems, for example the administrative law enforcement evidencehow is transformed into the criminal evidence, which evidence can be directly intothe administrative evidence, the continuity of effectiveness of the proof, whichauthorities review the administrative evidence, which authorities transfer evidence,these problems of cohesion of procedures are not be resolved. With the developmentof our social economy, the crime cases of the administrative law also increased. Thisgive more urgent need to establish perfect procedural convergence between administrative evidence and criminal evidence.First, the article expounds the basic theory of procedural convergence betweenadministrative evidence and criminal evidence. Secondly, Chapter two emphasisesarticle52of the2012criminal procedural Law and the relevant judicialinterpretation of the provisions, to explore the practical value and hidden risk. At last,Chapter three gives some effective suggestions on how to realize the connection ofadministrative evidence and criminal evidence to during the help for the judicialpractice.