Chief Evidence Of The System Study

The construction and the consummation of the administrative evidence system have the vital significance in regulating executive power. However, in current administrative law domain of our country, the administrative evidence system is still a virgin land which urgently needs to develop. The author takes the identity and the difference of the administrative evidence and the administrative proceedings evidence as the angle of view to explore the uniform theory basis of link from the identity and the difference, which can provide a theoretical reference for constructing the administrative evidence system and more economical and effective working instruction for administrative practice and judicial practice when examining evidence. At the same time, from the administrative evidence system angle, we hope to analyze and reconsider current administrative proceedings evidence system to further consummate the administrative proceedings evidence system. The article altogether is divided into four parts:Part one: Question proposing. From the current situation of our country about administrative evidence system, the author reconsiders the reason why our current administrative government by law developed difficultly, think that the consummation of the administrative evidence system is a important way to found the government by law ,and expound the significance of study the administrative evidence system as well as the reason why to write this article and how to this article.Part two: Important concept analysis. In this part, the author discriminates seven important concepts such as the evidence, the administrative evidence and administrative proceedings evidence, evidence rule, the burden of presenting proof and the burden of proof, assignment for the burden of presenting proof, proof standard.Part three: value orientation of administrative evidence system. The author thinks that the most important value of the executive power lies in...