Analysis And Suggestions For Consummation Of Evidence Quoting Obligation System In Administration Lawsuit

The promulgation of "People's Republic of China Administration Procedural law" and the Supreme People's Court's explanation on many issues about to carry out this law, along with the implementation of and "the Supreme People's Court's regulation regarding evidence quoting during the administrative proceedings, have shown breaking-through progress in administrative proceedings domain in our country. The regulation for the rule of evidence has already been relatively perfect and the responsibility for evidence quoting has become more explicit. The regulation stipulated the defendant to the responsibility of administrative proceedings evidence-quoting for its concrete administrative action, namely the 'Evidence Quoting Inversion'. This regulation has manifested the legal fair principle and has been welcomed by, weak-trend plaintiff, but, in the concrete judicial practice, it has shown many flaws. For example, in administration lawsuit cases related to the real estate registration, many situations such as failure in presenting evidence, unwillingness in presenting evidence and no administrative action causes by defendant's misfeasance often brought the case to fall into the awkward situation. This situation can cause unfairness to the plaintiff or the third party and is against the original legislation intention. This article, consisting of four sections, taking the evidence-quoting obligation in administrative lawsuit as the center point and administrative lawsuit idea as the master line, analyzed and discussed the flaw caused by administrative lawsuit's Evidence Quoting Inversion, and further discussed the potential consummation to the legal regulation for evidence-quoting obligation. Section I:Review the legal regulation, definition and characteristics of evidence quoting responsibility in administration so that we could have a comprehensive and systematic understanding about the connotation and the characteristic for the evidence-quoting responsibility during administrative proceedings. Section II:Summarizes the current status and the flaws in the legislation for the evidence-quoting responsibility during administrative proceedings, along with case analysis, so that we can have a clearer sight of the current status and the flaws in the legislation for the evidence-quoting responsibility during administrative proceedings in our country and make us realize the necessity of it consummation. Section III:Compare with the two law system countries' evidence quoting responsibility principle in administrative proceedings system and compare with the principles for evidence quoting responsibility allotting in our country's civil and criminal lawsuit system. Through the comparisons, we will discovers the disparity and promote for improvement for our system. Section IV:Some conceptions to consummate evidence quoting responsibility in our country's administrative proceedings system. I will put forward own proposal from the two aspects: the principles to follow in evidence quoting responsibility allotting in administrative proceedings and the legislation consummation for evidence quoting responsibility in our country's administrative proceedings systemThe advancement of legislative process is one that enhances the perfect process unceasingly. We believe that, with the social progress, the legislature is for administrative proceedings evidence rule will be stricter and more explicit, the judicature can be smoother, the administrative proceedings system will be more systematic and more perfect, and most importantly, litigant's right will obtain the maximum protection.