Research On The Connection Of Administrative Verbal Evidence And Criminal Verbal Evidence

The "connection between the two laws" of administrative law enforcement and criminal justice means that when administrative law enforcement officials investigate and deal with administrative violations in accordance with the law,they shall transfer the administrative cases in which relevant evidence indicates that they may constitute a criminal offence in a comprehensive and timely manner to public security unit.Although in a general sense,there are currently no systemic provisions on the procedure of execution linking,but the linking of execution evidence has already been stipulated in the Criminal Procedure Law,which is a good start.Article 52,paragraph2,of the Criminal Procedure Law,which was amended in 2012,has given the administrative law enforcement evidence the ability to enter criminal proceedings,marking the formal establishment of a system for the convergence of administrative law enforcement evidence and criminal justice evidence in China.It provides legal-level institutional resources for solving this problem.The "administrative law enforcement evidence" referred to in this article refers to the evidence collected by the administrative law enforcement department in the process of performing administrative duties in accordance with relevant laws and regulations that can prove relevant illegal facts.The "criminal judicial evidence" referred to in this article refers to the evidence that the judicial organs can prove whether the criminal suspect or the defendant should bear the corresponding criminallegal responsibility according to the law.The issues discussed in this article are in criminal proceedings the use of evidence produced and collected by administrative law enforcement agencies,focusing on the convergence of verbal evidence.This paper is divided into four parts.The first chapter points out through cases that the transformation of execution evidence needs to be improved in judicial practice,and puts forward several main problems of the connection between administrative law enforcement and criminal justice in current practice: First,the court turned trial cross-examination as a condition for verbal evidence to criminal evidence;second,the function of public security organs in the transformation of execution evidence is confused;third,the transfer mechanism of execution evidence needs to be improved;fourth,the lack of effective supervision and accountability mechanism.The second chapter combs the historical development and legislative status of the connection of execution evidence in China.Through the interpretation of the second paragraph of Article 52 of the criminal procedure law revised in 2012,it points out that the current provisions for the connection of verbal evidence need to be formulated,there is a large space for the interpretation of articles,and it is not conducive to the unity and regulation of judicial practice.The third chapter discusses two dilemmas in the connection of verbal evidence of execution in China,one is the difference between the two evidence systems of administrative law enforcement evidence and criminal judicial evidence,the other is that verbal evidence has its own characteristics compared with other evidence.The fourth chapter puts forward legislative suggestions on improving the connection of verbal evidence of execution in China.First of all,we should adhere to the principle of "not to be used as criminal evidence without recollection" in the scope of application of verbal evidence of execution.Secondly,it is necessary to clarify the transfer scope and use mode of verbal evidence.Finally,it analyzes some special provisions in the connection of verbal evidence,it puts forward the connection mechanism of appraisal opinions,administrative confirmation opinions,on-the-spot records,and unable to re collect verbal evidence.