Research On The Evidence System Of Administrative Law Enforcement

Administrative evidence is an important part of the administrative law enfo rcement procedure, and the administrative law enforcement depends on the adm inistrative evidence. Administrative evidence is the most important in the proce ss of administrative law enforcement. Currently, there is no specific legislati on on the procedure of administrative enforcement of law in our country. Regu lations on the administrative law enforcement evidence are also scattered in ad ministrative regulation, departmental rules and regulations and other normative documents. Even worse, some people treat administrative litigation evidence as equivalent as to the evidence in the procedure of administrative enforcement of law. In their opinions, in the provisions of the administrative litigation, the so urces of the evidence, classifications, investigation, data collection and review a re the foundation for the construction of administrative procedure evidence syst em. Besides those elements, it also includes the theory and practice of admini strative law enforcement evidence. The writer thinks it is very inappropriate. T he reason is that the administrative law enforcement in the final analysis is a kind of administrative law enforcement behavior, which administrative authoritie s on behalf of the country perform their duties, set up their own set of indepe ndent administrative law enforcement procedure, in the procedure of administrat ive enforcement of law of evidence investigation, collect, examine must and ad ministrative law enforcement behavior matched and pay attention to the fairness of the legitimacy and efficiency. However, the administrative litigation is a ki nd of judicial procedure, the administrative evidence investigation, collection an d review in the judicial process, the evidence collected in the administrative la w enforcement procedure, but it is still very different. The procedure of the ad ministrative litigation is more focused on the legality of the examination of the specific administrative acts. So that the evidence of administrative litigation an d administrative law enforcement evidence is both the difference and contact, t he two can not be equated. In view of the particularity and independence of t he administrative law enforcement procedure, the author thinks that it is necess ary to establish a set of evidence system in the procedure of administrative la w enforcement.According to the market supervision and management of front-line law enf orcement practice, through together administrative hearing in the case of law e nforcement evidence vulnerability as a clue, intended to use the analysis of the basic theories of the administrative law enforcement evidence, compared with the relevant legislations in the UK and United States and other counties, also draw lessons from Anglo American records exclusion rules, the best evidence r ule enforcement evidence specification, to undertake a comparative study of inv estigation evidence, collection, review links of China’s administrative law enforc ement. There after, puts forward some legislative proposals administrative enfor cement of the rules of evidence. In order to achieve the theoretical guidance o f law enforcement practice, with the practice of promoting the role of theory, and/thus to regulate the behavior of administrative law enforcement to the esta blishment of a complete system of administrative law enforcement evidence.This paper is divided into three parts, the first part focuses on the basic theory of administrative law enforcement evidence. Through reference to the administrative litigation law, the author finds out the difference and connection between the administrative law enforcement evidence, and then leads to the concept of administrative law enforcement evidence. At the same time, with the other two procedural laws, the author analyize the nature and types of administrative law enforcement evidence, and explores its deeper connotation of law, to come to a conclusion of a clear definition. The second part focus on the practice. It mainly introduces the current administrative law enforcement evidence collection status and discusses the existing problems. In this part of the paper, through the analysis of the market supervision law enforcement in many practical contents, combining with the relevant provisions of the law, it pinpoints the outstanding problems in the collection method of the administrative law enforcement procedures and, with practical, to highlight the practical requirements. In the third part, the paper mainly introduces the rules of evidence in administrative law enforcement procedure, and puts forward the legislative suggestion on the evidence rules of administrative law enforcement in China.