On The Legitimavy Of The Administrative Litigation Evidence

Administrative Litigation is used to resolve administrative disputes between unequal subjects. In administrative proceedings, one party often holds strong administrative power, while the other party, namely the administrative relative person is relatively weak in that. Thus, the administrative authority, positioned as the proactive party, has advantage over the administrative relative person who is often at passive position. To eliminate such inequality in administrative procedures, it requires adjustments on the rights and obligations of the parties specified in the Administrative Procedure Law. One of the specific provisions that need to be amended is that the administrative authority should bear the burden of proof for the legality of its own administrative actions. Detailed regulations on the legality review of evidence in administrative proceedings are specified in The Administrative Procedure Law of People’s Republic of China, Interpretation of Several Issues from the Supreme People’s Court on the Implementation of The Administrative Litigation Law People’s Republic of China and the Provisions on Several Issues About Evidence in Administrative Proceedings regulated by the Supreme People’s Court, which aims to protect the weak and pursue substantial legal equality. This paper starts from an overview of legality review of the evidence in administrative litigation, generalizes its theoretical rules and then puts forward some suggestions to solve the existing problems.