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证据衔接是行政执法与刑事司法衔接的基础性问题。长期以来缺乏可操作性的证据衔接审查核实机制,导致行政执法领域不少涉嫌犯罪的案件未能进入司法程序,即便进入司法程序,追究刑事责任的比例亦不高。因此,建立对行政执法证据移送后的审查核实机制十分必要。刑事诉讼中对行政执法证据的审查判断,宏观上应借鉴行政诉讼的证据审查规则,着眼于证据的证据能力和证明力两个维度,侧重于合法性审查;在此基础上,根据不同证据类型,适用不同的规则,确定不同的审查重点。对行政机关违反法定程序、采取不恰当手段收集等三类证据材料,应区分不同情形,分别适用绝对严格和相对严格的双重审查标准。绝对排除以行政规范禁止的手段收集的非法证据材料;相对禁止使用瑕疵证据材料,对行政程序未造成实质性侵害的瑕疵证据,可通过补正、合理解释、补充等方法予以修正完善后再为刑事司法所采信。
The convergence of evidence is the basic issue of the connection between administrative law enforcement and criminal justice. For a long time, due to the lack of operational evidence linking the examination and verification mechanism, many cases of suspected crimes in the area of administrative law enforcement failed to enter the judicial process and the proportion of criminal responsibility to be investigated even after they entered the judicial process was not high. Therefore, it is very necessary to set up a review and verification mechanism after the transfer of administrative law enforcement evidence. Judicial review of administrative law enforcement evidence in criminal proceedings judgments should macroscopically learn from the evidence review of administrative litigation rules, focusing on evidence of evidence and proof of force two dimensions, focusing on the legitimacy review; on this basis, according to different types of evidence , Apply different rules and determine different review priorities. For administrative agencies that violate legal procedures and adopt improper means to collect three kinds of evidential materials, different situations should be distinguished and the strict and relatively strict double examination standards should be applied. Absolutely exclude illegal evidence materials collected by the means prohibited by administrative rules; Defective evidences that are relatively prohibited from using evidence materials of defects and have not caused substantive infringements upon administrative procedures may be amended and justified, supplemented and then amended and perfected before being criminalized Justice by the letter.