Study On The Convergence Of Administrative Law Enforcement Evidence And Administrative Litigation Evidence

Administrative law enforcement cannot do without evidence of administrative litigation, more cannot do without leaving evidence, evidence cannot be demonstrated, it was decided to administrative law enforcement activities is correct or not is the key, the key is to determine the victory or defeat of administrative litigation. The administrative law enforcement evidence in administrative procedure, which may be brought into the category of administrative procedure, the administrative law enforcement evidence and administrative litigation evidence as evidence, in many aspects of basic attributes, investigation and evidence collection, examination and judgment method is basically the same, the theory would often be confused two, ignoring the difference in administration; in practice, the administrative organs are often in administrative litigation evidence rules to collect evidence, but the administrative activities in pursuit of efficiency, easy to measure in the administrative procedure evidence will produce conflict with the rules of evidence in litigation, which has led to the process of law enforcement and the stage of litigation evidence of chaos, it is necessary to clarify how to the administrative law enforcement evidence into the evidence in administrative litigation, as well as how to build the perfect evidence system to regulate the investigation and judicial personnel of administrative law enforcement personnel of the evidence standard of review.This paper is divided into three parts. The first part is to support the concept explanation, the concept of administrative law enforcement evidence, evidence, administrative litigation evidence and their characteristics are discussed, in order to semantic keywords in the article are defined, and analyzes the similarities and differences between the administrative evidence and administrative litigation evidence, as well as the significance of the distinction between the two. The second part of the problem is proposed, the lack of administrative law enforcement evidence rules, laws and regulations and the rules and regulations of the existing problems in the enforcement of content missing evidence requirements. At the same time, due to the large number of transplantation evidence standard procedure in administrative practice, the provisions of the inconsistency caused confusion, difficult not only to law enforcement, the law also allows citizens to not know what course to take. The third part is to solve the problem, including a set of operable evidence rules system, the establishment of the administrative enforcement of law, and the court proceedings of administrative law enforcement evidence identification of two aspects. In the construction of administrative law enforcement in the evidence system of mature American dual evidence rules for reference, and the administrative organs of our country how to collect evidence in law enforcement; the court to review the evidence in the proceedings, shall be established in the Kuan Yan economic phase of the standard of review, on issues of fact and law distinction. In addition, also put forward to improve the evidence system of administrative law enforcement of the rules of procedure, in order to provide effective, consistent in reviewing the evidence in administrative practice and judicial practice.