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Research On The Transformation Of Administrative Law Enforcement Evidence To Criminal Judicial Evidence

Posted on:2016-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z WangFull Text:PDF
GTID:2356330479980916Subject:Law
Abstract/Summary:PDF Full Text Request
In 2012, the revised "criminal procedural law" the second paragraph of article 52 of established administrative evidence and the transformation of the criminal evidence connecting mechanism, avoids repeated forensics cause waste of judicial resources, also ensure the timely and keep the evidence. But in judicial practice due to the lack of institutional, management the diversity and particularity of the administrative evidence to the transformation of the criminal evidence is facing many problems, how to improve the efficiency of administrative evidence, perfect the rules to grasp the time transformation, is to promote the administrative law enforcement evidence to criminal judicial proof must solve the problem.In this paper, starting from the introduction, is divided into four parts.The first part of the system, this paper discusses the transformation of evidence theory simply stated the meaning of evidence, evidence analysis of the administrative law enforcement and criminal justice the relation and difference of the evidence. The second part analyzed the characteristics of administrative law enforcement evidence to criminal judicial evidence and function, namely main body diversity, unilateral permeability, the characteristics of universality, procedural and crack down on crime, improve the efficiency of lawsuit and reduce litigation cost function.The third part from the system level and practical operation process two aspects analyzes the administrative law enforcement evidence to the problem of criminal judicial proof conversion. The fourth part is the focus of this article, is to perfect our administrative law enforcement evidence conversion system related to think, in view of the existing problems, and also in system level and the operation process of two aspects of countermeasures were put forward. System level, including perfecting legislation, establishing the information resource sharing mechanism, perfect the supervision mechanism, including unification legal document in the process of operation, improve the ability of evidence collection of administrative law enforcement organs, reasonable evaluation mechanism, comprehensively consummates our country administrative law enforcement mechanism of evidence to criminal judicial evidence.
Keywords/Search Tags:administrative law enforcement evidence, Criminal judicial evidence, Transformation of evidence
PDF Full Text Request
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