Our Country Administrative Proceedings Evidence Legality Review Research

The legitimacy of the evidence is one of the attribute of evidence which juxtaposed with the objectivity of evidence, relevance of evidence, because of the administrative litigation has special review object, the legality of the evidence has the higher request of tight degree, and it has more detailed evidence operation process and specific specification requirements. Since established in the1990s, although our country administrative litigation system affirmed the legitimacy of evidence in the legislative value, but how to operate the system of administrative litigation system function legitimacy of evidence is not yet clear. Scholars tend to ignore the administrative litigation evidence legality in basic theory and the other evidence legality difference between direct transplantation of civil litigation and criminal litigation, they usually directly transplant the civil litigation and criminal litigation’s existing achievements. Because of the lagging behind of the loopholes of legislation and jurisprudence in our country’s current administrative litigation evidence system can not meet the requirements of the judicial practice. So we need to draw lessons from existing research results, based on the field of administrative litigation, to the basic theory for further clues on administrative litigation evidence rule, especially administrative litigation evidence legality review study, clear the legality of the administrative litigation evidence censorship standards, such as the legitimacy of evidence form review standard, the legitimacy of the evidence collection review, the legitimacy of evidence examination standard, have the guide meaning to promote determine the scope of the review of evidence rules and, improving the efficiency of lawsuit and the realization of entity justice, so as to guide the judicial practice at present。 This research will be real to answer what evidence material has qualification of evidence, this is the first step specification probative, can help to reflection and reconstruction of the administrative litigation evidence system, can also solve the problem of difficulties ol evidence applicable, provide feasible solutions to legal difficulties.