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File Exclusion Principle Applies In Administrative Proceedings

Posted on:2010-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2206360275464055Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Principle of Files Exclusivity is that the administrative organs make their adjudications just rely on the files,or the adjudications will be ineffective. Establishing the Principle of Files Exclusivity will make the idea of law and the value of the law's efficiency come true,also have a good influence on the independent jurisdiction and protecting the private party.If we do't establishing the Principle, there will be some disadvantages to the burden of proof,the rule of obtaining the best evidence and the judicial review.According to these,this writer suggests that we should establish the Principle of Files Exclusivity in the administrative procedure law. But we should care about the scope of this principle;it is not suitable to apply the principle to the principle of official recognition and the files that got from the unilateral contact.The article analyzes the relation between the Principle of Files Exclusivity and the burden of proof,the relations between the Principle of Files Exclusivity and the rule of obtaining the best evidence,and the relations between the Principle of Files Exclusivity and the judicial review.Establishing the Principle of Files Exclusivity will solve some problems that appear in the law about the burden of proof,and we suggest that we should take different principles between the plaintiffs and the defendants.Also,the files is the foundation of the Principle of Files Exclusivity which decide that establishing the principle is helpful to the application of the rule of obtaining the best evidence.Because the rule of obtaining the best evidence is applied in the written review.Besides these,the principle is helpful to perfecting the judicial review,because the principle offers a good measure to follow,which make the judicial review become more operationable.
Keywords/Search Tags:the administrative procedure, the burden of proof, the judicial review, the rule of obtaining the best evidence, the Principle of Files Exclusivity
PDF Full Text Request
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