Article 101 of the Interpretation by the Supreme People's Court Regarding the Application of the Criminal Procedure Law of the People's Republic of China(2021)stipulates that special matters in accident investigation reports can be used in criminal proceedings.Accident investigation report is a kind of representative professional identification.Taking it as the research object,we can see the com-mon problems faced by the use of professional identification in criminal proceedings,such as the unclear attribution of legal evidence types,the obstacles in legislation and judicial interpretations to the admissi-bility of professional identification,the failure of investigation of responsibility to meet the requirements of criminal responsibility,the inability of administrative law enforcement organs to give full play to their expertise in fact-finding and law application,etc.In legislation and judicial interpretation,special evi-dence should be added as a type of legal evidence,the scope of the use of administrative law enforce-ment evidence in criminal proceedings should be clarified,the mechanism for early intervention by pub-lic security and judicial organs should be refined,and the two-way consultation mechanism between ad-ministrative law enforcement organs and public security and judicial organs should be improved.
professional identificationaccident investigation reportspecial evidenceconnection be-tween administrative and criminal procedures
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