The Use Of Research Evidence On Administrative Litigation

With the continuous development of society and the demand of the society rule of law, administrative procedure law gradually exposed its shortcomings and problems in the face of judicial practice, the voice of domestic scholars and experts for modifying the administrative procedure law is becoming more and more, so, in November 1, 2014, the decision of modification of Administrative Procedural Law was voted through by the standing committee of the National People’s Congress.Evidence is the core and soul of three major procedural laws, whether the evidence is used appropriately or not often leads to whether the lawsuit can go on smoothly and whether the lawsuit can make the parties win the lawsuit. In order to strengthen the research on the judicial practice, this paper makes an on-the-spot investigation the evidence in administrative lawsuit of A Court in Z City, XX province. According to the current concrete data of A Court in Z City, it tries to find out whether there is a correlation with the verdict results from the data.The title of this article is the Application Research on the Evidence in China’s Administrative litigation in China--- Taking A Court in Z City as an Example, and the whole text is divided into six chapters. The first chapter simply introduces the research background, research significance and research method of the evidence in China’s administrative litigation and this paper’s research method. The second chapter mainly states the basic contents and theory of the application of the evidence in administrative litigation. The third chapter analyzes the related rules and shortcomings of the application of the evidence in administrative litigation from the text. And it mainly reflects in the types of evidence, the burden of proof, time-limit of evidence, illegal evidence exclusion and other rules of evidence application. The fourth chapter is the focus of this article. It expounds from macroscopic data and typical case, and the macroscopic data is the evidence application situation of A civil court in Z City from 2008 to 2012, and takes the data as the analysis object, through the comparison between the data and the data of judgment results, it expects to get the predetermined conclusion from the data and judgment results – there is a certain correlation between parties’ types of proof and number of proof with the judgment results. From the microscopic angle, it selects the typical cases and makes the analysis of case data, which enhances the article’s persuasion. The fifth chapter, aiming at the shortcomings of the current judicial theory and the problems found in the judicial practice, the improvement of the types of evidence, the burden of proof, time-limit of evidence, illegal evidence exclusion and other rules of evidence application and the combination of the theory and judicial practice, increases the feasibility and simplicity. At last, continuously perfecting the relevant system of the application of the evidence in administrative litigation in our country is very important for promoting the construction of rule of law, realizing fairness and justice of judgment, practically guaranteeing the legitimate rights and interests of citizens and establishing a complete legal system.