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Study On Administrative Enforcement Evidence Rules In China

Posted on:2012-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166330335469901Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The rapid expansion of executive power is a distinctive feature of today's administrative law system. Its impact on social life has gradually expanded, To improve the system is to prevent the executive power in the expansion of the negative impact on the important institutions. As the core of the administrative procedures, the evidence of administrative law enforcement system rule of law at the micro level. It's necessary for improving the system of administrative and establish a proper administrative procedures system.The paper's aim is to follow the premise of the concept of the law. In order to elaboration our administrative comprehensive system, we research it according to the classification.comparison.conclusion and empirical and so on. The first part of the article is to analyze the administrative law, to define the basic concepts of evidence and analyze the enforcement of the current academic administrative evidence, these evidence of administrative procedure, administrative law and administrative litigation evidence, evidence of a comparative analysis of concepts, the paper describe the evidence of law enforcement is to explain the connotation and extension, It also describe the evidence for administrative law enforcement system of the characteristics in detail. The second part is the system of administrative enforcement evidence of the status quo, this part tell us that the characteristics and the enforcement aspects of the administrative law and imperfections,from legal norms of the existing administrative proceeding, In this way, it analyze the administrative proceedings and evidence system of comparative. To tell us the importance to establish an independent system of administrative law enforcement. And to provide evidence of ideas and paradigms. The third part is the system of foreign law enforcement to conduct a brief comparison of the evidence, including the United States, Germany, Switzerland and Austria. According to analysis the foreign administrative procedures and comments as evidence of China's administrative law enforcement system is established to provide a useful reference and path selection, to say that is the original intention of writing this part of the whole story. The fourth part is to discuss how to improve the system of administrative law enforcement evidence argument, the evidence in accordance with the system of administrative law enforcement and evidence collection, evidence, cross-examination, the certification system of the logical order of discussion of burden of proof, standards, illegal evidence exclusion rules of evidence review and determine the other aspects, the rules of evidence in administrative law enforcement system of the initial outline of the theory, as the evidence of administrative law enforcement system of the prospect of improvement. The last part summaries the establishment of the system of administrative enforcement evidence that we should keep this principles and factors briefly.
Keywords/Search Tags:Administrative law enforcement evidence, Responsibility of prove, Standard of prove, Illegal evidence, Files exclusive principle
PDF Full Text Request
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