The Study On Application Of Administrative Law Enforcement Evidence In Criminal Proceedings

Article 52 of the 2012 Criminal Procedure Law and the relevant judicial interpretations establishes a legal basis for the entry of the Administrative Law Enforcement Evidence into criminal proceedings,but These provisions are not very clear and differing from one another.Scholars’ views on related issues in these regulations are also not consistent.To further improve the legal system of administrative law enforcement evidence applying in criminal proceedings,this article based on the evidence theory and the status quo of legislation and justice,and analyzed the existing problems of it deeply and then put forward suggestions for improvement.The part of introduction,which mainly describes the background and significance of the topic,the review of relevant research,the writing thoughts and innovations,and so on.This part article fully demonstrated the writing ideas.The first part mainly analyzes the legal basis and practical basis of the application of administrative law enforcement evidence in criminal proceedings from the aspects of the implications,characteristics,functions of the two types of evidence.The second part mainly analyzes this problem from the current PRC Criminal Procedure Law and the relevant Supreme People’s Court and Supreme People’s Procuratorate’s judicial interpretations,and proposes that there are many problems such as the main body of evidence collection is not standardized,the range of types of evidence available is not clear,evidence review mechanism is missing,and the applicability of illegal evidence is unclear,and so on.The third part mainly investigates the relevant foreign law systems on the application of the evidence of administrative law enforcement in criminal proceedings,that includes the accessing to administrative law evidence in criminal procedure,the evidence review and application,and the rules of joint investigation and evidence collection.The fourth part is mainly about the elaboration of the complete proposal for the second part of the problem.For the main body of evidence collection of administrative law enforcement,the article put forward the suggestion of replacing "administrative organ" with "administrative subject",and redefining the qualifications of forensics subjects of discipline inspection and supervision organs;For the range of evidence that can be used,the article suggests not must fix types range of evidence,but all relevant evidences can be used in accordance with basic principles and strict conditions;For the review,the article also proposed accordingly,should be based on the specific circumstances setting up the different standards of review and application.In addition,this article also proposes to establish and improve relevant executives appear in court to explain the situation,evidence transfer linkage,and other related supporting mechanisms.