On The Evidence System Of Administrative Licensing

The evidence system is the core contents of the administrative procedure system and administrative litigation system, but neither the administrative law nor evidence of law, to study the proof system is seldom. Although litigation procedural law in certain extent,realized the legitimacy regulation about administrative behavior, but Litigation procedure after all is remedial procedures, from the administrative procedure system itself to the proof system to specific provisions are urgently needed. But because in our country is not unified administrative procedural law, administrative behavior has the diversity and complexity of characteristics, and the author's ability is limited. So, choose from the administrative licensing perspective in order to contribution meager strength to perfect our country's administrative evidence system. This paper in the inner logic can be roughly classified into three sections:The first part: Based on the concepts, relationships, and features and etc basic problems clarify administrative licensing, evidence, administrative evidence, litigation evidence, and administrative licensing evidence, and based on the cortical basis about proper procedures, public participation and administrative efficiency analysis system of administrative license evidence. Clearly the improvement of the system of administrative licensing evidence avail the realization of procedural justice, create administrative behavior rational and improve administrative efficiency.The second part: Through an empirical research on the loopholes about evidence system in legislation and the problems existing in the administrative practice, concluded that China does not establish system standard administrative licensing evidence system. Especially the allocation of responsibility too sweeping, standards of proof is single, and the eliminating of the illegal not perfect, and files exclusionary rule lack of exceptions.The third part: Forward some opinions to perfect the administrative licensing evidence system. Based on the promote procedural justice, favorable found the facts, strengthen administrative behavior rational, achieve the win-win about social interests and private interests. In proof responsibility theory, adopted the German scholar rose baker's legal requirement theory ,and makes a brief analysis . the applicant responsible for the Substantive facts ,and Administrative organs responsible for the Procedural facts. The administrative licensing law shall adopt what proof standard should consider three factors: the value orientation of the legal procedures; the burden of proof otherness; the nature of administrative case of relative rights and the influence degree or public interests. About of the illegal evidence rule, based on the concept of illegal evidence it's mainly a serious breach of statutory procedures and damage the interests of the citizens. Considering the following five factors :find out the facts of the case influence of individual rights and procedural justice, administrative efficiency principle restrictions, forensics can be corrected, evidence of benefits to excluded the elimination of the illegal evidence apply. The author mainly aimed at the academic and practice about the books exclusionary rule's understanding, analyzed the administrative files and hearing files difference, briefly discussed the files exclusionary rule.