Research On The Evidence Assistance Duty In Administrative Litigation

Administrative litigation evidence assistance duty means parties,who are not responsible for the proof citation,and the third party assist the court to investigate the evidence. The duty is to establish the court's position of authority under the mode of the authoritarian litigation, and to emphasize the participation and role of the parties and the third parties other than the parties in the litigation, especially in providing the facts of the case and assisting the court to ascertain the truth of the case Obligations. Administrative litigation, the court for the case of the referee sometimes not only related to the interests of the parties, but also often related to the interests of third parties other than the parties, and even related to the public interest. The protection of the individual rights of the plaintiff in administrative litigation is inevitably in the situation of maintaining the public interest, which is not only beneficial to reconcile the contradiction between the protection of individual rights and the maintenance of public interest, and even better The protection of individual rights and public interests of the maintenance and implementation.At the same time, for the existence of evidence bias in the case, the evidence assistant duty to make up for the burden of proof responsibility for the shortcomings of the rules to achieve substantive litigation in the arms of equality. In recent years, in judicial practice, the witness does not appear in court to testify, the burden of proof does not bear the party or a third person to hide, refused to provide evidence of the situation is growing. In legislation, some existing laws and regulations and judicial interpretations have embodied the relevant content and requirements of the evidence assistant duty, but it is not systematic and clear, and the legal consequences for the breach of the evidence assistant duty to cooperate in evidence are also missing, so that the obligation is reduced to not have Legally binding moral obligation. In order to deal with this situation, it is necessary to draw lessons from extraterritorial experience to set up the evidence assistant duty in line with our national conditions.Based on the analysis of the status quo of our country, this article will make a comparative study on the evidence of international litigation in order to clarify the connotation and nature of the evidence assistant duty. In this paper, The author puts forward some suggestions on how to construct the evidence of administrative litigation in our country to build up the the evidence assistant duty. in our country. In addition to the abstract and introduction in the paper, there are five chapters, which are as follows:Chapter one:the overview of the Administrative litigation evidence assistance duty.It mainly discusses the basic content, the related concept, the theoretical basis and the necessity and feasibility of the evidence assistant duty. The main body of the burden of proof is not the party responsible for the burden of proof and the third party other than the party concerned. The court of the judicial power exercising judicial power on behalf of the state is mainly for the judicial activities of the court, and the obligation belongs to Obligations rather than the burden of behavior, so if the violation of the obligation will be subject to public law sanctions.The purpose of the evidence assistant duty is to make the parties who do not bear the burden of proof or the third parties other than the parties to assist the court in the collection and investigation of the evidence. The extension covers the obligation of making documents, investigating the obligations of co-operation, witnesses and appraisers. Obligations and non-proving obligations. After clarifying its concept, in order to further understand the connotation of the obligation, the author discriminates the difference between the obligation and other obligations in litigation law and the evidence assistant duty.in civil procedure, and the relationship between the obligation and the counterpart in the administrative procedure were discussed. In addition, this chapter also analyzes the necessity and feasibility of the administrative litigation evidence assistant duty, and has carried on the thorough discussion from the theory foundation. It is a necessary requirement for the purpose of administrative litigation, a tool for revising classical debate, a requirement for parties under procedural cooperation, and a concrete manifestation of the principle of good faith, which shows that it has a deep theoretical foundation.Chapter two:"Comparative Study on the evidence assistant duty in Foreign Administrative Litigation".This chapter focuses on the contents of the evidence assistant duty of administrative litigation in Germany, Japan and Taiwan, the legal consequences of the violation of the obligation of evidence in cooperation, and the investigation of the evidence discovery system in Britain and the United States. On the basis of expounding separately the two countries'legal obligation, the author makes a comparative analysis of the relevant rules of the two legal systems countries, and finally draws the enlightenment of the establishment of the administrative litigation evidence assistant duty in our country.Chapter three:"China's administrative litigation evidence assistant duty.".This chapter mainly carries on the inspection from our country legislation aspect as well as the reality judicial practice aspect. In this chapter, on the one hand, we study the relevant provisions of the evidence assistant duty in our country's current legislation, and point out that some of the existing laws and regulations and judicial interpretations in our country have embodied the relevant content and requirements of the evidence, but not enough The legal consequences of the system clearly and concretely, the breach of the evidence assistant duty are also missing, resulting in the obligation to become a non-binding moral obligation. On the other hand, the reason why the witness does not appear in court and does not bear the burden of proof in the judicial practice of our country has been analyzed.Chapter four:"China's administrative litigation to establish the evidence assistant duty to work together to clear the issue".It mainly includes the establishment of the evidence assistant duty under the administrative litigation mode, the establishment of the evidence assistant duty of the parties under the special subject structure in the administrative litigation, and the specific route choice of the administrative litigation evidence assistant duty in our country.Chapter five:" China's specific construction of the evidence assistant duty in Administrative litigation ".In this chapter, we mainly study the legal obligation and the legal effect of the evidence assistant duty in the administrative litigation, and the concrete application and the guarantee system. China's administrative litigation to be truly implemented.First of all, the administrative litigation evidence of China's legislative obligation to explore the way, and by way of the evidence assistant duty to cooperate in the evidence of the specific content of the set. Secondly, it discusses the legal consequences of our country's breach of administrative litigation evidence Specific rules, that is, the violation of the legal evidence assistant duty arising from the adverse legal consequences, breach of the obligations of the elements of evidence, the main body and so on. Thirdly, the research on the specific application of the obligation of the evidence assistant duty mainly concerns the limitation of the application of the evidence of the administrative litigation and the convergence of the third party's obligation in the administrative procedure. Finally, it discusses the relevant safeguard mechanism of the evidence assistant duty of administrative litigation in our country, and puts forward the effective application of establishing the administrative file open system, the witness protection system and the lawyer compulsory agency system to guarantee our country the evidence assistant duty in administrative litigation.