Study Of The Principle Of Administrative Punishment Evidence

Administrative penalty is based on the existence of the illegal acts of the administrative relative parties. The cognizance of the illegal acts needs sufficient, authentic evidence. The system of evidence is vital to the justness and efficiency of the administrative penalty. It is the requirement of administrative activities to attach importance to the administrative penalty research. Though a few scholars touch upon administrative penalty evidence, there is lack of comprehensive, systemic research. In this treatise, I try to make a pilot study on administrative penalty evidence.Standpoints and frameworkThe purpose of writing is presented in the preface.First, what is the reason of making a study of administrative penalty evidence? My study is based on the following three points:1. Construction of administrative evidence system;2. Significance for administrative penalty;3. Theory foundation of preventing illegal evidence.Second, administrative penalty evidence and administrative litigation evidence are of equal importance in preventing illegal penalty. A lot of administrative penalties are classed to set up the system info of the administrative penalty evidence.Some methods, such as classification, demonstration, comparison, diagram, etc, are used in the treatise.Chapter I "Theory Foundation of Administrative Penalty Evidence" First, I compare administrative penalty evidence with litigation evidence. Second, as the evidence law has double attribute of substantial law and procedure law, it should embody the value of substantial law and procedure law. I think, the basic character of administrative penalty evidence is the foundation of penalty evidence system, which include the character of forming, procedure justness, quasi-justice. Those characters should be embodied in the following activities: obtaining evidence, putting to the proof, interrogation and confirmation of evidence.Chapter II Administrative penalty evidence & Doctrine of rollsThis chapter contains "doctrine of rolls" and "hearing record". In my opinion,system of rolls should be established in the administrative penalty procedure and doctrine of rolls should be observed in the penalty evidence. This doctrine is the balance between judicial power and administrative power. "Banning unilateral contact" is the supplementary of doctrine of rolls and "judicial notice" is the exclusive rules. Administrative penalty evidences are superficially classed as: physical evidence, written evidence, testimony, statements of parties, audiovisual material, inquisition record, spot inspection report. All the administrative penalty evidences should be recorded in the administrative rolls. In my opinion, "hearing record" should be a new kind of evidence.Chapter III "Obtaining Evidence"The activity of obtaining evidence must be lawful. The elements of obtaining evidence include rules on subject of obtaining evidence, procedure in obtaining evidence, scope of obtaining evidence. Legal administrative organs or departments should charge the activities of obtaining evidence. Those activities may be fulfilled through administrative assistance or administrative commission if necessary. Proper subjects have the power to collect evidence. The doctrines of function separation and challenge should be observed. The procedure of obtaining evidence must be lawful. The judgment should be made after having evidence. The methods of collecting evidence should be regulated. The scope of colleting evidence should be lawful. The relevancy and objectivity of evidence should be judged first during the evidence obtaining. However, the standard of judgment should below the standard of confirmation. This standard can be called "basic standard", which means that the evidence should be relevant superficially.Chapter IV Producing EvidenceBurden of producing proof is a crucial problem in the evidence system. The distribution of burden of proof is discussed in this chapter. Limitation of proof and exchange of evidence are widely used in the litigation. A...