2015Journal of Huaihai Institute of TechnologyRequires access

On the Convergence of Administrative Evidence and Criminal Evidence in China from the Perspective of Legal Hermeneutics

Shi Qia

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Abstract

The Criminal Procedure Law(2012)regulates some administrative evidence can be directly adopted in the process of criminal procedure in certain cases,which not only lays the foundation of administrative evidence and criminal evidence,but also makes clear about the testifying capability of parts of administrative evidence in criminal suit.However,it also brings forth some problems because the rules are too fuzzy.Under the interpretation of the traditional methods,there are many controversies on the interpretations of some concepts,such asadministrative organsthe relevant evidence materialsandcan.By adopting literal interpretation,systematical interpretation and teleological interpretation,this study analyzes how to promote the convergence of criminal evidence and administrative evidence in China from the perspective of legal hermeneutics.

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The Criminal Procedure Law(2012)regulates some administrative evidence can be directly adopted in the process of criminal procedure in certain cases,which not only lays the foundation of administrative evidence and criminal evidence,but also makes clear about the testifying capability of parts of administrative evidence in criminal suit.However,it also brings forth some problems because the rules are too fuzzy.Under the interpretation of the traditional methods,there are many controversies on the interpretations of some concepts,such asadministrative organsthe relevant evidence materialsandcan.By adopting literal interpretation,systematical interpretation and teleological interpretation,this study analyzes how to promote the convergence of criminal evidence and administrative evidence in China from the perspective of legal hermeneutics.

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Available abstract

The Criminal Procedure Law(2012)regulates some administrative evidence can be directly adopted in the process of criminal procedure in certain cases,which not only lays the foundation of administrative evidence and criminal evidence,but also makes clear about the testifying capability of parts of administrative evidence in criminal suit.However,it also brings forth some problems because the rules are too fuzzy.Under the interpretation of the traditional methods,there are many controversies on the interpretations of some concepts,such asadministrative organsthe relevant evidence materialsandcan.By adopting literal interpretation,systematical interpretation and teleological interpretation,this study analyzes how to promote the convergence of criminal evidence and administrative evidence in China from the perspective of legal hermeneutics.

Key concepts: Interpretation (philosophy), Hermeneutics, Foundation (evidence), Perspective (graphical), Convergence (economics), Criminal investigation, Political science, China

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