行政执法证据在刑事司法中的运用问题分析word格式论文.docxVIP

优秀毕业论文 精品参考文献资料 场笔录等实物证据，鉴定意见以及法定条件下的涉案人员的供述或者相关人员的证言、 陈述等可以运用于刑事司法；二是构建对行政执法证据的审查机制，机制的建立包括明 确审查的主体、审查的标准、审查的具体内容以及需要注意的问题；三是兼用行政的和 刑事的非法证据排除规则对行政执法证据进行审查判断。另一方面，完善相关的配套制 度。此处主要是指行政机关执法人员和办案人员的出庭作证制度。 关键词：行政执法证据；证据资格；证据审查；制度完善 Abstract Article 52 paragraph (2) of “the criminal procedure law” and relevant judicial interpretations have entitled administrative law enforcement evidence to be used as criminal evidence, it fills a long time gap left in the law in terms of the application of administrative law enforcement evidence in criminal justice. The provisions set out the types of administrative law enforcement evidence which can be used in criminal justice, so as to avoid the drawbacks of evidence transformation rules and limit the arbitrariness of using administrative law enforcement evidence by judicial officers in judicial practice. But some problems that cannot be neglected have resulted from the carelessness of the provision itself and some other factors, they are hampering the further convergence of administrative law enforcement evidence and criminal justice evidence. In this paper, using a combination method of empirical analysis and normative analysis, elaborating the background and basis of the application system of the administrative law enforcement in criminal justice, analyzing the problems and shortcomings based on the operation of the system, and then put forward some suggestions of perfect. In addition to the introduction and conclusion, this paper encompasses three parts, and about 29,000 words. The first part is the interpretation of the application system of administrative law enforcement evidence in criminal justice. First of all, analyzing the system by defining administrative law enforcement evidence and interpreting Article 52 paragraph ( 2 ) of “the criminal procedure law”. Secondly, supporting the system by explaining that the application of administrative law enforcement evidence in criminal justice can be theoretical possibility and re