Research On The Transformation Of Administrative Law Enforcement Evidence Into Criminal Justice Evidence

Since the 18th National Congress of the Communist Party of China(CPC),the Party Committee and governments and the public have attached great importance to the ecological and environmental problems.Many iron-hand measures have been taken to cope with pollution and our country has made great achievements in the control of air pollution and water pollution.Although there is a surge in tackling pollution crimes by the public security organs in recent years,overall environmental security remains serious and complex and the judicial departments are facing many challenges in combating pollution crimes.Besides incomplete systems of administrative law enforcement and criminal justice,convergence of evidence between them is a deeper reason impeding the effects of crime control.Fortunately,great importance has been made to make a connection between criminal justice and administrative law enforcement in theory field and practice in recent years.At present,the research on the connection between them is focused on the following three aspects:the relationship between administration and crime;systems designed to link them;the understanding of the relationship between criminal penalties and administrative means.Among them,that how to achieve an effective convergence of evidence between criminal justice and administrative means is currently weak in the theoretical circle.In this thesis,the study on the above issues is carried out through a comparative study and interpretation of relevant clauses of the Criminal Procedure Law.In the latter method,pollution crime cases will be selected to deeply research the effects of different evidence in the application.In this thesis,the study on the transformation of evidence from the administrative field to the criminal justice field is divided into five parts.The first part mainly elaborates the theoretical basis of the evidence in the administrative field and criminal justice field,specially,the concept and difference of two kinds of evidence and their application in the Chinese mainland and Anglo-American law countries.The second part mainly introduces the realistic dilemma and possibility of transforming the evidences in these two fields.The third part mainly explains relevant clauses and regulations of the Criminal Procedure Law,stating three legal obstacles in the transformation of evidence and the author's understanding of them.The fourth part tells the rules governing the transformation of evidence from the administrative field to the criminal justice field in environmental pollution cases.It is hoped that the research of this thesis will be helpful to combat environmental pollution and improve and standardize the transformation of evidence regarding environmental protection in administrative and criminal justice fields.