On The Application Of Administrative Enforcement Evidence In Criminal Procedure

There has been a constant controversy about whether the administration enforcement evidence can be used in criminal procedures or not.Although the present legislative or judicial interpretation clearly stipulates that the administration enforcement evidencecan be suitable for criminal procedures,.it does not have definite regulations about categories of evidence,standards of evidence examination.and procedures of evidence.examination,which contributes to the argument that whether the system can be used in judiciary.The situation is complicate in that different places have different judgments.The thesis discriminates differences between administration enforcement evidence and criminal procedure evidence on the basis of determined conception of administration enforcement evidence.Besides,the thesis infers either the rationality of the system by using of the similarity or the necessity of the system by using of the difference.Meanwhile,combined with correspondent cases,it pays attention to analyzing the applicability of administration enforcement evidence in criminal procedures.In the first part of the thesis,it deeply analyzes the scope of "administrative organs" regulated in the second item of the 52 th clause in Criminal Procedure Law on the basis of the legal basis about whether the evidence subject can affect the efficiency of the evidence.Moreover,some offices which do not just refer to "administrative organs",.such as the organization authorized by determined laws,the organization entrusted by administrative organs and disciplinary inspection department,can be recognized as subjects of obtaining administration enforcement evidence who are equipped with validity and related authority of obtaining the evidence.Meanwhile,using the conception of "ultra vires" and interpreting from subject-matter jurisdiction,area jurisdiction,hierarchy jurisdiction and function jurisdiction,the thesis defines the scope of "administration enforcement and case investigation" in administrative organs and clearly points out the suitable subject of obtaining evidence.In the second part of the thesis,through the rational analysis of "etc" in thesecond item of 52 th clause in Criminal Procedure Law,it makes a reasonable explanation of changing the conception of "etc" into " extra-etc",which could expand the scope of administration enforcement evidence used in criminal lawsuit.Besides,it makes a brief introduction about two standards of the examination that administration enforcement evidences are suitable for criminal procedures and combined with cases,it checks the record of inquest and the record made on the scene one by one,in addition,some problems raised in the using of evidences such as expert opinions,testimony of witnesses and confession of parties.However,provided that“can”is not equal to “must”this kind of evidence can be used in criminal procedure but it can not used as the proof of judging a case with out judicial organ's examination.In the third part of the thesis,it mainly discusses problems of judicial review produced by administration enforcement evidences in the process of criminal lawsuit.It starts from the argument raised by the controversial conceptions and gradually finds that the critical point for administration enforcement evidence being used as the proof of judging a case is judicial examination according to the criminal lawsuit.At the same time,in terms of pre-position,qualification and legislation,the thesis sets up procedure of examination,defines the content and principle of the examination and progressively puts forward specific idea which can complete system of judicial examination in the using of administration enforcement evidence.