关键词: 行政执法, 刑事司法, 行政执法证据, 刑事证据, 证据转换

Abstract: Administrative law enforcement evidence is an important source of criminal evidence after the amended Criminal Procedure Law Article 52, Clause 2 established the convergence mechanism of administrative evidence and criminal evidence in 2012. It is necessary to convert the two types of evidence because of the difficulty in collecting objective evidence, the professional restriction of criminal law enforcement and the efficiency of criminal procedure in the criminal justice stage. And the form and use of standard convergence, as well as the legislative exploration and local practice experience make the conversion of the two evidences feasible. However, due to system construction defects and operation difficulties in practice, there have some abuses in the existing convergence mechanism like low efficiency and substitution of fines for criminal punishment. It is necessary to uniform evidence collection standards and evidence transfer mechanism, and improve the legal system as well as strengthen supervision of the prosecution. Only in this way could we gradually realize the smooth transfer of the two types of evidence.

Key words: administrative law enforcement, criminal justice, administrative law enforcement evidence, criminal evidence, evidence transfer