Research On The Connection Between Administrative Law Enforcement Evidence And Criminal Judicial Evidence

The problem of administrative law enforcement evidence and criminal justice evidence is that the cross case of administrative illegal and criminal offenses, and the trial of criminal cases often need to rely on administrative law enforcement evidence, however, our country’s criminal evidence of the investigation subject’s specific, but also lead to this kind of evidence is difficult to enter into the criminal procedure due to the main body of evidence. However, in the case of administrative illegal and criminal cross cases, some evidence is not recoverable, if not allowed to use administrative law enforcement evidence in criminal proceedings, it will lead to the punishment of crimes of the purpose of the penalty. Therefore, it leads to the problem of the connection between the administrative law enforcement evidence and the criminal justice evidence. Administrative illegal act and criminal behavior in the behavior of the social harmfulness, and should be punished in the same, as well as administrative law enforcement evidence and criminal justice evidence in the nature, characteristics and forms of the same, providing a solid theoretical foundation for the convergence between the two kinds of evidence. Although the new "Criminal Procedure Law" in our country, the provisions of second fifty-second, provide a legal basis for the convergence between the two kinds of evidence, but the legal provisions of the law does not clear evidence collection body, can provide evidence of the type, the legal status of the convergence, resulting in the theoretical and practical circles have many disputes. From the perspective of hermeneutic embarks, the author draws the following conclusions: 1. Laws and regulations authorized organization and discipline inspection and supervision organs belong to extension of the expansion of subject of investigation, have the power of criminal evidence investigation; 2. Available evidence of convergence are both with material evidence, documentary evidence, audiovisual data, electronic data has the physical evidence of the homogeneity, including those with recovery of verbal evidence; 3. Evidence of convergence of the legal status in criminal investigation, prosecution and trial stages respectively, showing evidence materials, with evidence qualification and has the probative force of evidence. In the criminal investigation stage, the public security organ may use the objective evidence and the non-recoverable verbal evidence as evidence, and the need to re- fix and collect the evidence to be used as the criminal evidence. In the stage of criminal prosecution, the procuratorate need to carry out the legal review of the evidence collection procedure and the means of administrative law enforcement. In the stage of criminal justice, the judicial authorities of the administrative law enforcement evidence of relevance, objectivity and legitimacy of review, only through this review, the evidence of administrative law enforcement can become the basis for the judge to identify the facts.