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On the Transformation and Convergence between Public Security Administrative Evidence and Criminal Evidence

Author: TanChang
Tutor: DengJianHua
School: Hunan Normal University
Course: Legal
Keywords: Public security organs Administrative Evidence Criminal Evidence Transformation Link up
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 128
Quote: 0
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Abstract


The public security organs bear the investigative functions of the major criminal cases , but it is also an important administrative law enforcement organs , but due to its review of the evidence , the judge finds that the lack of authority , the same piece of evidence , the public security organs in the filing of administrative cases or criminal cases after the re- investigation . From national law enforcement resources , the same one case , exactly the same evidence , other instruments chieftain or re- forensics , is undoubtedly a waste of national public resources . Author commonality of administrative Evidence and Criminal Evidence , differences start to analyze the evidence transformed the theoretical basis and practical needs , although there are two kinds of evidence of the form and substance of many differences , but as evidence of the essential attribute determines transformation possible , the proposed full advantage of the commonalities between the two , and give full attention to the differences between the two , can be adjusted accordingly conversion on a conditional basis in accordance with the law and take advantage of ; combined based on the fight against economic crime and reduce litigation costs , improve judicial efficiency and to reduce \The reality of the author from the work , the the transformed convergence status quo of the public security organs administrative Evidence and Criminal Evidence depth analysis , from the sound and rapid enforcement , conservation of judicial resources point of view , boldly proposed to achieve public security organs administrative Evidence and Criminal Evidence seamless including the establishment of criminal and administrative cases integration instruments standard , public security organs evidence identified mechanisms , need criminal efficiency , rational allocation of law enforcement resources , standardize administrative enforcement inspection , appraisal system and establish sound administrative enforcement and criminal law enforcement dovetail system recommendations to promote administrative evidence and criminal Evidence into the judicial process of convergence .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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