论行政执法证据在刑事诉讼中的转化和应用诉讼法学专业论文.docxVIP

PAGE PAGE 2 In addition to the epilogue, the body of this paper is divided into four parts. The first part is an introduction, it first introduced the background of the transformation and application of evidence of administrative law enforcement in criminal proceedings; then it defined and typed of evidence of administrative law enforcement; then it compared the evidence of administrative law enforcement and criminal evidence, analized the links and differences between the two anddistinction; finally it explained the phenomenon and analyzed the reason why the evidence of administrative law enforcement’s transformation widely exist in the judicial practice. The second part is the key part of this article. This part proposed a conversion mode of evidence of administrative law enforcement in the course of criminal proceedings. According to the different kinds and the collection of evidence of administrative law enforcement, this article divided the evidence conversion mode into three categories: the mode of direct transformation, the mode which can not be transformed and the mode which could be transformed by the statutory procedures. While introducing the conversion mode, this part elaborately explained each of these three modes of applicable objects, conditions, range ,and made clear description of which mode the evidence of administrative law enforcement should apply to under different circumstances. Different types of evidence of the administrative enforcement should apply to the mode correspondingly based on the specific circumstances. The third part elaborated the matter which the review body to examine the evidence should pay attention to, after the body of administrative law enforcement transferred the evidence to the review body. In this part, the article clearly defined the scope of the review body, proposed the standards to be followed in the review as well as the methods of review, so as to ensure the successful completion of the evidence’ conversion. T