A Study On Legality Of Evidence In The Administrative Litigation

Legality of evidence in the administrative litigation is the subject of this paper. As one major nature of evidence, legality of evidence is the indispensable element which comprises the legal evidence with objectivity and relatedness of evidence. That is, evidence can be obtained by the court on the condition that it follows the law about how to get and offer evidence in the action.The researches of administrative evidence system appear the trifle frail as well as the administrative action evidence legal question. The existing researches are focused on the concrete manifestations and the characteristic of the evidence legality in administrative litigation law. However, there are few monographs about the administrative proceedings evidence legality. Majority of them compound the evidence legality with the evidence attributing and judging standard, which proceeding the mainstream viewpoint of the civil action and the criminal prosecution. Therefore, this paper analysis legality of evidence in the administrative litigation based on the basic theory and it also summaries the evidence legality performance as well as the operation system to the administrative litigation.The paper consists three sections. Through common analysis of the legality of evidence, the first section summaries the essential elements which influence the evidence legality, ways, realm, value, operation, by comparing with the evidence technique and evidence ability, all of which lay road for deepening the follows. The second section has three segments regardmg to the administrative litigation area. One introduces clearly the specific theory in the area. The other compares the administrative litigation with the administrative procession in the evidence legality to summaries the difference between them and the influence that due procession makes on the litigation. Another segment focuses on the influence made by one special kind of administrative act and procedure, administrative appeal. In the last section, the paper turns to discuss how to operate the legality of evidence in the admimstrative action.