18.97.14.91
18.97.14.91
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The Imputative Procedure of Administrative Crimes and the Transformation of Its Evidence - Including the Procedural Design of Administrative-criminal Penalty Connection -
전홍걸 ( Tian Hongjie )
아세아여성법학 vol. 21 149-180(32pages)
UCI I410-ECN-0102-2019-300-001173817

The mechanism construction and procedural arrangement of keeping “Administrative penalty taking priority” as the principle and “criminal penalty taking priority” as an exception within administrative-criminal penalty connection is not only an accurate reflection of the essence of administrative crimes and a scientific definition of the mission of criminal justice, but also the safeguard of the state power assignment as well as the check and balance mechanism between the administrative power and judicial power. Thus, it is necessary to transfer the evidences collected from administrative law enforcement activities to criminal procedural evidence. Additionally, according to different types of evidence, we must use different transforming approaches, such as directly applying the evidences, recollecting the evidences and authorizing specialized organizations or experts to test the evidences, etc.

Ⅰ. Responsibility Imputation Procedure: Administrative Penalty Taking Priority as Principle Criminal Penalty Taking Priority as Exception
Ⅱ. The Connection of Rules of Evidence: the Judicial Transfer of Administrative Evidence
Ⅲ. Epilogue: Beyond Criminal Law
Bibliography
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