Research On The Application Of Administrative Law Enforcement Evidence In Criminal Proceedings

The second paragraph of Article 54 of the Criminal Procedure Law in 2012 clarified for the first time the legal status of the entry of physical administrative law enforcement evidence into criminal proceedings.Subsequent judicial interpretations issued by the Supreme Law and Supreme Prosecutors also further regulated this.The latest The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China(2021)Article 75 follows the provisions of Article 65,paragraph 1,of the 2012 Criminal Procedure Law Interpretation on the types of evidence that administrative law enforcement evidence enters into the criminal procedure and is consistent with Article 50,paragraph 2 of the Criminal Procedure Law is consistent.The Criminal Procedure Law Interpretation(2021)understands and applies “equal evidential materials” in principle to make internal interpretations,and under statutory circumstances,external interpretations can be made for individual cases.The promulgation of judicial interpretations has eased to some extent the difficulty of intersecting executions.However,the new regulations and judicial interpretations only make principled provisions on the legal circumstances of case handling.There is a lack of clear legal guidance in specific operations,and judicial practice is required to be combined with specifics.Judging on the merits of the case has led to a chaotic state of judiciary in practice.Based on this,this article analyzes the concept of evidence and studies the legislative intent and judicial status of Article 52,explores the problems existing in the transformation of evidence between the two laws and proposes corresponding countermeasures.The introductory part mainly discusses the background meaning of the topic,the research comparison inside and outside the domain,the writing structure and innovative countermeasures,so as to fully demonstrate the thinking and structure of writing.The first part studies and expresses the basic theoretical knowledge,expounds the related concepts of evidence,and analyzes the similarities and differences between the administrative law enforcement evidence and the criminal litigation evidence.The second part is to analyze how foreign countries deal with administrative law enforcement evidence into criminal proceedings.The third part is to analyze the problems existing in the criminal justice practice of my country's administrative law enforcement evidence from the perspective of legislative and judicial practice.The fourth part is to proceed from the application of administrative law enforcement evidence in criminal litigation,to promote unified interpretation,clear examination of verbal evidence,procedures for evidence transfer,and strengthened supervision mechanisms.The fifth part is to improve supporting systems and measures,propose a system for expert witnesses to appear in court,devote to training legal talents in the field to handle cross-execution cases,and build channels for online and offline evidence connections.