Research On The Admissibility Rules Of Administrative Litigation Evidence

Admissibility of evidence refers to the concept that the evidence is legally allowed to be evidence,and that not all evidentiary material can be evidence.For the proof of facts,firstly the evidentiary material should be filtered to determine which should be adopted,which should be excluded,that is,the admissibility of evidence.For the issue of evidence admissibility,some Anglo-American law countries and regions have unified evidence legislation which establish the rules of evidence admissibility.There is no separate Evidence Law in the Civil law countries and regions.The rules of whether or not the evidence should be adopted are found in Civil Procedural law instead.In China,scholars speciallized in criminal proceedings and civil procedural law all recognize the value of the rules of evidence admissibility and have done in-depth studies.In contrast,there is very few researches on the rules of evidence admissibility in administrative litigation law.Because of the lack of mature academic theory support,there are obvious flaws in the evidence admissibility provisions in China's administrative litigation law.In order to solve this problem,it is necessary to learn from the experience of other legal systems to perfect China's evidence admissibility rules.On the basis of clarifying the meaning and characteristics of the rules of admissibility of administrative litigation evidence,based on the reality of our country,this paper investigates the overseas admissibility rules of the administrative litigation evidence law.This paper also analyzes the current situation of China's administrative litigation evidence admissibility rules,Focused on how to improve those rules.In addition to the abstract and introduction,this paper consists of four chapters.The specific contents are as follows:Chapter 1 "summary of the admissibility rules of administrative litigation evidence ".This chapter firstly defines several basic concepts related to the rules of evidence admissibility,such as the meaning and concept of evidence admissibility,the meaning and characteristics of evidence admissibility rules,the characteristics and values of the admissibility rules of administrative litigation evidence.Evidence admissibility is about what kind of evidence material can be allowed as evidence.Evidence admissibility rules can be divided into three categories:the rules of relevance(including the rules of character evidence),the rules of admissibility to prove authenticity(including opinion evidence rules,hearsay evidence rules and best evidence rules),and the rules of the admissibility to prove the legitimacy(Including illegal evidence exclusion rules,privilege rules,and exclusion rules of evidence outside the administrative record).The admissibility rules of administrative litigation evidence have distinct characteristics.First,these rules are the continuation of the admissibility rules of administrative evidence.Second,the exclusion rules of evidence outside the administrative record are unique to administrative litigation.Third,the exclusionary rule of illegal evidence has limited scope in administrative litigation.At the end of this chapter,the value of the rules of administrative litigation is analyzed.Chapter 2 "Investigation on the overseas admissibility rules of evidence of administrative litigation evidence",which focuses on the content of the admissibility rules of Anglo-American law system,mainly the United Kingdom,the United States and Australia;and examines the competency of evidence of civil law in German and China 's Taiwan.Based on the analysis of the differences and fusions of the admissibility rules of evidence of the two legal systems,the author summarises the helpful experience to perfect the admissibility rules of administrative litigation evidence in China.Chapter 3" the status quo analysis of China's administrative litigation evidence admissibility rules",this chapter carries out investigation mainly in China's legislative and judicial practice fields.First of all,the author analyzes the provisions of the admissibility of administrative litigation evidence in our country,points out the existing problems,and analyzes the reasons for the existing problems.Secondly,through the data statistics and research of the judicial opinions,this paper carrys out an empirical study on the application of the administrative litigation evidence admissibility provisions.The conclusion of the study is that provisions on the exclusion of evidence outside the administrative record are effective.The law of admissibility is not systematic,followed by the arbitrariness of law application.Provisions on the opinion evidence are not specific and it is difficult to achieve its legislative purpose.Provisions on hearsay evidence and provisions on evidence of relevance have a tendency to be ignored,which leads to different judgements on the same cases.Chapter 4"the concrete idea of perfecting the admissibility rules of administrative litigation evidence in our country",this chapter first discusses the general aspects of perfecting the rules of admissibility of administrative litigation evidence in our country,which includes the necessity of constructing the system of the admissibility rules of evidence,the construction pattern of the admissibility rules and the inheritance relationship with the existing regulations.Secondly,it is necessary to consider the particularity of administrative litigation,including the purpose of diversified administrative litigation legislation,mixed administrative litigation mode and the special administrative litigation subject structure.Thirdly,it constructs the system of admissibility rules of administrative litigation evidence in our country,including improving the rules of relevance,the rules of admissibility to prove authenticity and the rules of the admissibility to prove the legitimacy.Finally,this paper puts forward suggestions on how to make the rules more applicable,and how to build a guarantee mechanism.