The Theory Of Evidence Rules Of Administrative Procedure In Our Country

Administrative evidence includs administrative procedural evidence and administrative litigant evidence.There are many scholars researh on the rule of administrative litigant evidence, but scholars seldom researh on the rule of administrative procedural evidence. On the basic of our country’s current situation and foreign advanced experience, according to such a clue.obtain evidence, estification, confrontation, authentication, the author offer some proposals to the construction of our country’s rule of administrative procedural evidence. It is expected to establish gradually administrative procedural evidence system which is accord to the characteristics of administrative procedure.This article consists of four parts expect the prelude and postscript.The first part mainly introduces some concepts about administrative procedural evidence; the relationship between the rule of administrative litigant evidence and the rule of administrative procedural evidence; the rule of administrative procedural evidence has important significance for running a country by procedure. Administrative evidence includs administrative procedural evidence and administrative litigant evidence. Because administrative litigation is reexamined litigation, the object of proof of administrative procedure and administrative litigation both are the substantive case facts, so there is certain intercommunity between them. But unilateral aspect, the efficiency and the professional of administrative behavior account for the rule of administrative procedural evidence has the value of independent existence. In addition, impeccable administrative procedural evidence rule can promote to run a country by procedure.The second part mainly discusses our country’s rule of administrative procedural evidence’s current situation and shortcomings. China’s present legislation lacks the rule of administrative procedural evidence seriousiy, so the rule of administrative litigant evidence is transplanted in administrative procedure. The transplant lead to a series of problems, and seriously impact on the administrative legitimacy and efficiency. Our country is drafting the Administrative Procedure Law. The dafts all have special provisions about the rule of administrative procedural evidence, but there are many shortcomings, so it is needed to research further. Based on the above reasons, the construction of the rule of administrative procedural evidence has the necessity and the urgency.The third part is the reference of foreign advanced experience about the rule of administrative procedural evidence. China’s administrative practice always heavy entity and light procedure, but procedural justice is an important value the administrative act pursue. Foreign schlors research the rule of administrative procedural evidence more earlier, in which the words trial system and the files exclusive rules can most properly reflect the procedural justice’s spirit connotation, and are worth using for reference.The fourth part is the suggests to the construction of our country’s rule of administrative procedural evidence. On the basic of our country’s current situation and foreign advanced experience, according to such a clue:obtain evidence, testification, confrontation, authentication, the author offer some proposals to the construction of our country’s rule of administrative procedural evidence, and expect to establish perfect administrative procedural evidence system which is accord to the characteristics of administrative procedure, to guarantee administrative authority exercise power according to law.