Study On The Difficulties In Converting Administrative Evidence To Criminal Evidence

With the continuous development of the legal construction process in our country,the relevant laws and regulations in various fields have become more complete.In 2012,China's amendment to the “Criminal Procedure Law” was used in administrative evidence in Article 52(2).The qualifications of criminal evidence are clearly defined.This provision is the first time that China has included administrative evidence in the criminal justice process from the perspective of legislation.This measure has an important role in judicial practice.Before the revision of this article,in the judicial practice,there are many difficulties in dealing with cases where administrative evidence is transferred to criminal evidence.The efficiency of case resolution is low,and Article 52 of the newly amended Criminal Procedure Law makes the efficiency of our lawsuit.The effective promotion will enable the parties' demands to be effectively resolved.However,in Article 52(2),regarding the conversion of administrative evidence to criminal evidence,the specific meaning of the conversion of criminal evidence qualifications,criminal evidence,which department to examine the evidence,and which department to transfer such evidence,etc.The issue is not clearly stated in this clause.This paper takes three cases as an analysis sample to analyze in-depth the difficult problem of conversion from administrative evidence to criminal evidence,that is,the subject matter of the evidence extracted from the conversion of administrative evidence to criminal evidence and the scope of evidence conversion in the process of conversion of administrative evidence to criminal evidence.Question,and the review procedure of evidence conversion in the process of conversion of administrative evidence to criminal evidence.This paper analyzes the difficult problems of conversion of administrative evidence to criminal evidence,and then puts forward solutions and suggestions.Through case studies and related discussions,we explore the meaning of the second paragraph of Article 52 of the Criminal Procedure Law and the relevant judicial interpretations,and correctly understand the meaning of the regulations that can be used as evidence and analyze the conversion of administrative evidence to criminal evidence.In the process of the discussion,we focused on linking the theory with practice,and strive to analyze the problem with reasonable grounds.Starting from the current actual situation of judicial practice in our country,efforts are being made to solve the urgent problems in the transition from administrative evidence to criminal evidence in real judicial activities,and to propose solutions to the problems that arise in our country from legislation to judicial practice.From the perspective of solving problems,we mainly proceed from the problems existing in relevant laws and regulations at the current stage in our country,and from the effective linking between the two,put forward some countermeasures and suggest that the role of external oversight be brought into full play to provide effective convergence between the two.Protection.At the same time,the examination and discrimination standards in evidential materials are clarified.It is hoped that the study in this paper can effectively solve the problem of conversion of some administrative evidence to criminal evidence,and it can play a certain role in promoting the development of judicial practice in the future.