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By Our Country Administration Evidence System's Construction

Posted on:2011-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Y CuiFull Text:PDF
GTID:2166330338978267Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The evidence in the administrative procedure law status is the core of, significant, the study of the administrative procedure law around administrative evidence this critical point. In administrative procedure specific practice, the evidence has been the Executive Body's administrative behavior of facts, but also reflects the private parties involved in the processes of possibility and necessity. Chief Administrative Procedure Act as evidence of the system kernel, which embodies not only the integrity of administrative procedure law, in its prism of light beam, it can reflect the development of a country the faces of the rule of law. Relatively weak administrative counterpart of evidence is needed to protect the executive, the administrative body of evidence in accordance with the provisions of administrative powers to the Chief Executive relative minimal harm to the interests and social welfare. This paper evidence of the administrative status of the system introduces the basic theory and, by its flawed analysis of the evidence to make a few administrative measures to improve the system.Full-text includes introduction, body and concluding remarks of the three-part article of the basic structure is as follows:Introduction of evidence in the administrative system is a positive affirmation of administrative procedures in an independent system, the administration made clear evidence of the limitations of the current system - the provisions of administrative litigation system as a standard, not the same stage in the context of inter- process application of the law.The first part of the basic theoretical proof system. In the chapter, on the subjects of related concepts more interpretation; on the evidence of the elements: the burden of proof, proof standards and supporting objects; in-depth analysis has established administrative significance of evidence system.The second part of the scope of administrative litigation situation and problem analysis. In the chapter on China's laws and regulations on the administrative system of some of the evidence were classified summary of existing regulations, in-depth analysis of evidence of China's administrative system of the main problems, and these reflect the irrationality of the current legislation to be elaborated .The third part of the perfection of the construction of the system of administrative evidence. In the chapter, on the improvement of administrative evidence for constructive ideas; detail the improvement of administrative law, mainly from the exclusion of illegally obtained evidence, evidence of certification rules, the burden and standard of proof in the four areas for research.Conclusion in part on the evidence of the trend to make a judgment: as countries ruled by increasing the level of civic rights also continuously enhanced, plus the jurist's painstaking research, administrative procedures evidence system will lay a good foundation, such as skyscrapers like turning stands.
Keywords/Search Tags:The administrative evidence, Administrative evidence system, Administrative evidence system's construction
PDF Full Text Request
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