Tapplication Of Theory Of Administrative Law Evidence In Criminal Litigation

Long-term judicial practice in our country,a large number of administrative enforcement of law of evidence is applied in public security judicial organsin criminal lawsuit activity,not only can reduce the criminal litigation case cost,but also saving judicial resources,and improving the efficiency of the criminal procedure.In 2012 the new "criminal procedural law" the second paragraph of article 52 of established the administrative law enforcement in the criminal lawsuit evidence used legal basis,it is a breakthrough in the development of the reduced cohesion mechanism.But the understanding of the meaning of which there are many different,from the point of the existing legislation and judicial interpretation,as a result,the regulation to the admini-strative organ is not clear,transformation of administrative law enforcement evidence type is lack of procedure review judgment problem because of the system has a big controversy and confusion in the judicial application.In our country,using the method of qualitative and quantitative,according to the nature and degree of disposal to define the crime of illegal ACTS.Administrative illegal and criminal behavior has a natural connection,reaches a certain degree of administrative illegal behavior,whose nature is transformed into a crime.Started to investigate and punish directly or by judicial organs in accordance with the administrative law enforcement organs,administrative law enforcement evidence into the criminal litigation system.Illegal and criminal evidence system have the characteristics of evidence of "sex",which will as a legal basis for ascertaining the facts,but in terms of evidence are proving the object and the difference between each other.Evidence in the reduced cohesion work become an important factor in the development of.Chinese current judicial interpretation on administrative enforcement rules of evidence in criminal procedure is not perfect,some procedural rules are like contradiction between each other,all of these lead to the judicial practice using appear not consistent,may restrict its role to play.The author thinks that,to clearly define the types of physical evidence in criminal procedure,and standardize the procedures of application,promote legal interpretation unification,and through strengthening procuratorial organs supervision function,optimize the administrative organ quality and ability and forensics method,set up the mechanism of administrative organs and public security judicial organs evidence connecting and other supporting system and the measures to ensure effective use administrative law enforcement evidence in criminal litigation.