Study Of Administrative Evidence System

To control the executive power and protect citizen's rights and benefits is one of the common objectives of every country's administrative legislation. Administrative evidence plays an essential role in this respect. For a long time, the study on administrative evidence has been overshadowed by the study on judicial evidence. It is reasonable to make a reference to judicial evidence system in designing administrative evidence system because both of them have something in common. However, the inborn insufficiency of the judicial evidence system in China, and the difference between the executive power and the judicial power have distinguished the administrative evidence system in China in the following aspect—the burden of proof, the standard of proof and the rule of proof. The thesis is composed of four parts.Part one: the existing conditions of the study on administrative evidence system in China. Starting from the basic concept of evidence, the author analyzed the current situation of the study on administrative evidence system in China. Aided by the mature theories at home and abroad, the author decided to make a breakthrough in the burden of proof, the standard of proof and the rule of proof.Part two: the burden of proof in the administrative evidence system. The burden of proof is the backbone to the judicial evidence system, as well as to the administrative evidence system. Bearing in mind the particularity of administrative, the author applied the theory on the burden of proof in different administrative procedures.Part three: the standard of proof in the administrative evidence system. Following the establishment of the multivariant standard of proof, a scale of four different standards was introduced into various administrative procedures.Part four: the rule of proof in the administrative evidence system. Concerning the admissibility of evidence, the rule of proof falls naturally into three parts—the fundamental rule of relevancy, exclusion rules and their exceptions. Illegal evidence, hearsay and the exclusive record for decision in administrative procedures are discussed in this part.