| Administrative law enforcement and criminal justice are two fields in which we fight crime and illegals.We should take gentle way(administrative punishments)or serious way(criminal penalties)correspondingly to achieve the goal.While there should be a clear landmark between the two fields.the administrative punishments and criminal penalties have the same qualities.the landmark often swing within certain scopes,and it was influenced by social development and changes and lawmakers value-oriented etc.At present,there are something wrong during the process that evidence submitted from administrative law enforcement to criminal Justice,including: the scope of criminal offence is too wide,and the basic purpose of the criminal law is overstepped.There is a lack of effective coordination mechanism between administrative organs,which leads to one-sided administrative evidences.The transfer mechanism is still not smooth enough;The number of administrative law enforcement personnel is large,the professional quality is uneven,and the whole profession is not good as the criminal investigators.As to legislation:The law prescribes not science,lack of coordination between the laws,lack of consistency and relatively fuzzy,all of which make it difficult to check the submitted evidence.Practically,To perfect our administrative law enforcement evidence to criminal judicial authority,We should establish some principles in theory,which includes: expanding the scope of the evidence to judge master as much information as possible,safeguard ing the referee is more objective and fair;Receiving transfered evidence both doors open and evidence of force layer classification;the more severe case to influence citizens' rights and interests,the more strict audit evidence;Further evidence rule execution integration,get through between the evidence system,improving judicial efficiency,and reduce the cost.Criminal judicial organ of the administrative law enforcement evidence shall betransferred to be used after reviewed.Although we review evidence of the entire program via three stages,namely: the review in the process of administrative law enforcement,transfer after the procuratorial organs of the review and the final court of cross-examination scrutiny,the transferred for examination is the key.Material evidence has the objectivity,stability and irreplaceability,these attributes are not easily forged with the change,therefore,the review of evidence is the focus of the program;Documentary evidence not only includes the documentary evidence of paper,audio-visual materials,electronic data belongs to the physical evidence;Testimony of witnesses,is a person who describes the facts of the situation,the understanding to the legal main body of the presentation and disclosure,Which includes witness testimony of witnesses,the victim statement,the criminal suspect or defendant confession and defense as well as the expert opinion,an inquest or examination,identification,detection experiments.Evidence forged altered and threatened as well as coercion,deception,and lured are still with the probative value of evidence,which can prove the illegal facts on the other hand;Documentary evidence with the content of the illegal or invalid does not deny its probative value.Criminal judicial authority,after the new evidence of administrative law enforcement authority to evidence is not completely without power,it has to get after the reinforcing or weaken the effect of the evidence's probative value.Excluding illegal evidence exclusion rules apply for transfer of the administrative,but the evidence obtained through presumption,drafting,shall be forbidden as the evidence of criminal justice.Evidence of supervisory authority to the procuratorial organ shall also be used after reviewed,which is more than formal audit review;Witness only in the case of cooperating with video will has the same use as material evidence and documentary evidence;Transfer the evidence review should also be applied for evidence exclusion rules... |
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