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On The Administrative Law Enforcement Evidence In The Procedure Of "Execution Connection" The Transformation Of The Applicable

Posted on:2022-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q S MoFull Text:PDF
GTID:2506306764984879Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
Paragraph 2 of Article 27 of the Administrative Punishment Law(2021)clearly states that scientific and effective case transfer and case handling information notification systems should be established to constantly improve the efficiency of evidence transfer and reception,and further strengthen the division of labor and cooperation between the administrative and judicial departments.Administrative law enforcement organs in investigating illegal cases,the suspected of criminal cases transferred to the judicial organs for investigation,and eventually by the court of the "execution" case,in the process of transfer and subsequent studies,the administrative organs how to collect evidence and apply to criminal procedure,is often encountered in law enforcement practice.According to paragraph 2,Article 54 of the Criminal Procedure Law(2018),the documentary evidence,material evidence,electronic data,audio-visual data and other evidence collected by administrative organs in the administrative affairs management can be used as evidence in criminal proceedings,which provides a legal basis for the transformation of administrative law enforcement evidence into criminal judicial evidence.However,in the procedure of "execution connection",there are still problems such as the scattered application norms of evidence transformation,resulting in different application standards and insufficient evidence cohesion.This paper from the "execution cohesion" program of evidence theory,administrative law enforcement evidence transformation applicable rules of standard investigation,practice,etc.,the connotation of administrative law enforcement and criminal justice,system expounds the "execution cohesion" legislative status,carefully analyze the "execution cohesion" system operation about evidence applicable problems and the insufficiency,system summarizes the administrative and judicial investigators differences,and finally from the perspective of optimization process and strengthen the mechanism construction put forward the solution,In order to provide an efficient and convenient optimization path for the difficulties encountered in the transformation and application of administrative law enforcement evidence in judicial practice.
Keywords/Search Tags:Evidence of Administrative Law Enforcement, Criminal Justice Evidence, Evidence Transformation, Administrative Law Enforcement and Criminal Justice Linking Procedures
PDF Full Text Request
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