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2012年《刑事诉讼法》新增条款明确了行政执法过程中收集的证据可以在刑事诉讼中使用。案件由行政执法机关负责移送至刑事侦查机关,移送标准需达到“优势证据”标准,侦查机关初查后决定立案的标准则是“合理根据”标准。案件进入侦查程序后,由于权力渊源不同和证明标准不同,言词证据应由侦查人员重新收集,实物证据则需对收集、保管、应用进行审查。刑事诉讼阶段,如果证明对象是程序性问题,行政执法人员在刑事诉讼中以公职人员身份出庭。如果证明对象是实体性问题,则行政执法人员的地位与证人类似。
The new article of the 2012 Code of Criminal Procedure made it clear that the evidence collected during administrative enforcement can be used in criminal proceedings. The case is transferred to the criminal investigation authority by the administrative law enforcement agency. The standard for transfer of the case needs to reach the standard of “superior evidence.” The standard that the investigating organ decides to put on record after initial investigation is the “reasonable basis” standard. After the case enters the investigation procedure, due to different sources of authority and different standards of proof, verbal evidence should be collected again by investigators, and physical evidence needs to be examined for collection, storage and application. At the criminal procedure stage, if the target of proof is a procedural one, the administrative law enforcement officials appear in court as public officials in criminal proceedings. If the object of proof is a substantive issue, the status of the administrative law enforcement officer is similar to that of a witness.