On The Transformation Of Administrative Law Enforcement Evidence In Criminal Procedure

With the rapid development of modern society, the administrative authority is increasingly expanding and infiltrating into the human life. However, in the market economy, people tend to pursue the interests of the maximum, and neglect the individual's responsibility and obligation in social management. To strengthen the "two laws convergence" has become the imminent need. However, the convergence of the two laws "mechanism in the legal practice of our country are needed to solve the problem, especially in administrative law enforcement in the transformation of criminal evidence.2012 to the criminal procedure law of the people's Republic of China is a year of extraordinary significance, criminal procedure law was historically the second big change, paragraph 2 of Article 52 of which clearly stipulates:"administrative organs in administrative law enforcement and investigating the cases collected evidence, documentary evidence, audiovisual materials, electronic data evidence, in the criminal procedure can be used as evidence". But due to the fuzzy rules of legislation, and the transformation of the evidence of the scope, type, transfer subject uncertainty, doubt that generates in theory; Evidence evidence at the same time because of the administrative law enforcement and criminal justice in law enforcement purpose, the different value pursuit, in the actual transformation in the process of evidence collection is not timely, high quality practical problems; At the same time because of a lot of evidence do not conform to the requirements of the criminal law of the administrative law enforcement by the system into the criminal lawsuit, has brought the human rights protection is weakened, administrative enforcement procedure was raised new questions.In order to solve the above problems, this paper attempts to compare two kinds of evidence, studies two kinds of transformation mechanism of evidence, evidence analysis of administrative law enforcement and criminal justice problems existing in the transformation of evidence, and put forward the improvement of the related measures, in order to promote "the reduced cohesion" smooth operation of the mechanism.