Exploration To The System Of Administrative Procedure Evidence Under The Concept Of Rule Of Law

Administrative procedure evidence system is the guarantee to the Rule of law in microscopic perspective. In the process of building the legalization system in China, it's necessary for us to research and legislate the evidence system within the scope of administrative procedure.This dissertation, applying the semantic analysis, functional analysis, normative analysis, historical analysis, empirical analysis and comparative analysis methods, makes a thorough research into the administrative procedure evidence system, in accordance with the idea of rule of law.Basing on the concept of administrative procedure, the first chapter focuses the administrative procedure under the concept of rule of law, the relationship between administrative procedure evidence system and rule of administrative law, as well as the relationship between administrative procedure evidence system and due process of administration.The second chapter expounds several basic problems upon administrative procedure evidence system,such as the concepts of administrative procedure evidence and administrative procedure evidence system, also discusses the differences and relationship between administrative procedure evidence and administrative litigation evidence, also discusses the attribute,category,character, and function of administrative procedure evidence. The third chapter analyzes the value of administrative procedure evidence system.Standing on the analysis of administrative procedure value; this part claims that administrative procedure evidence should take the balance of justice and efficiency as its value tropism. The fourth chapter treats separately collecting evidence system, producing evidence system, cognizancing evidence system and reviewing evidence system of administrative procedure evidence by the consecution procedure of collecting, producing, cross-examing, cognizancing and reviewing steps.The fifth chapter expects perfecting the administrative procedure evidence system by legislation. This part compares the extra territorial legislation with our state's, also puts forward several suggestions, especially posts an opinoion that legislating administrative procedure evidence system within the administrative procedure law,and advises that our legislating step by step,well designedly if the conditions are not fullfilled.