Evidence From Administrative Law Enforcement And Criminal Justice Convergenceresearch On The Subject

In the investigation and handling of public security organs,a large number of administrative criminal cases involving administrative organs have been transferred.Under the "illegal-crime" dual system of accountability,because of the high degree of professionalism and refinement of such crimes,illegal and criminal The boundaries are vague.Generally,the administrative organs with administrative matters have pre-processed the specialized cases,and then transferred the cases and evidence to the public security investigation department of the investigation organ for follow-up criminal treatment in accordance with the administrative law enforcement and criminal justice connection mechanism.Article 52,paragraph 2 of the Criminal Procedure Law and the relevant judicial interpretation normative documents break through the traditional evidence law to determine the legality of evidence must have appropriate evidence for the subject,propose a new evidence provisions,in the criminal proceedings to allow the administrative agency to administrative Cases of law enforcement and criminal justice convergence(hereinafter referred to as“traffic and criminal connection cases ")collect evidence and recognize the validity of their laws,which has changed the long-term " transformation " of administrative law enforcement evidence by criminal justice agencies such as public security investigation departments(The re-collection of the use situation has improved the ability and effectiveness of the judiciary to prosecute crimes.However,due to the negligence of the work of the administrative organs and the judicial organs in practice,and the existing deficiencies in the current law,the application of administrative law enforcement evidence in the current line and criminal connection cases is not satisfactory.Based on the combination of theory and empirical research,this paper is based on the actual situation of the public security investigation department,and uses the administrative law enforcement evidence system in the criminal proceedings of the line and criminal connection cases to analyze the full extent of the theoretical basis.Analyze the legitimacy,analyze the existing problems and deficiencies on the basis of the current situation of the system operation,and finally put forward the perfect opinions and suggestions.