Research On Evidence Of The Legality Of Administrative Proceedings

This paper takes the legality of administrative litigation evidence as research object. From the Angle of legitimacy, administrative litigation evidence requires collecting, providing and confirming evidence, the external form and the content of the evidence must conform to the laws, it involves the requirements for evidence to the court to adopt, the guidance and supervision to administrative judge. Evidence in civil litigation and criminal litigation system researches earlier and more comprehensive, but study on administrative litigation evidence starts late and involve narrower, and only for evidence in administrative litigation legitimacy of some concrete manifestation and basic characteristics of basic theory research, and the principle of administrative litigation legitimacy and evidence in applications in the field of study is relatively rare. Therefore, this article mainly through normative analysis method and comparison analysis method to explain the theory principle of legitimacy of administrative litigation evidence and the evidence legitimacy in administrative litigation expatiated on the application fields.The letter divides into four parts:The first part: the basic outline of legitimacy of Administrative litigation evidence. This chapter mainly expounds the legitimacy of the administrative litigation evidence related concepts, three action evidence comparison and administrative litigation evidence system's two big theoretical principles of administrative litigation evidence and its influence for the legitimacy of administrative litigation evidence.It is for a basic outline legitimacy attributes.The second part: The theoretical principles of administrative litigation evidence system and the influence to legitimacy of administrative litigation evidence. This chapter first respectively analyzed and summarized two theoretical principles of administrative litigation evidence system -- administration according to law principle and due legal process principle; Secondly analyzes influence of two big principle to administrative lawsuit evidence, and puts forward the legitimacy of administrative litigation evidence legitimacy is two principle in legal practice levels of empirical reveal.The third part: Censorship standards of legitimacy of administrative litigation evidence. This chapter first discusses the theoretical connotation of legal evidence system and free heart certificate system and the influence of two large review mode evidence to legitimacy of administrative litigation evidence; Secondly through administrative litigation evidence of subject, form, procedure and content analysis, concludes static level censorship standards of legality of administrative litigation evidence.The fourth part:Administrative litigation evidence eliminating rule. This chapter in static level of evidence under the context of legitimacy censorship standards of administrative litigation progressed logically deduction analysis evidence eliminating rule. Firstly, it analyzes the connotation of the eliminating rule of administrative litigation evidence; Secondly through analyzing administrative litigation evidence of subject, form, procedure and content, this paper concludes dynamic level of administrative litigation evidence eliminating rule and applied to judge guidance and supervision work; Finally,after analyzing eliminating rules of administrative litigation evidence, according to problems existing in the administrative litigation ,this paper is trying to take advice on the eliminating rule of administrative litigation evidence.