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Reconstruction Of The Rules Of Supplementary Evidence In Administrative Litigation

Posted on:2018-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z W WangFull Text:PDF
GTID:2356330518451504Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In order to restrict the administrative organ in the real legal relation of administrative power,guarantee the legal relationship between the main body of the equality relationship,our country “administrative procedural law“ made strict rules on evidence.Administrative litigation evidence system is one of the core issues in administrative litigation,it is a party in administrative proceedings,protect their legitimate rights and interests of weapons,also is the people's court to find out the case facts,identify the disputed the truth of the tool.In the modern society,with the increasing of administrative dispute,and shows a tendency of diversification and complication,the status of the administrative proceedings in the people heart also constantly improve.Corresponding to this,the rules of evidence in administrative litigation system also brought to the attention of the people gradually,become a indispensable important component in the administrative proceedings,evidence of these additional rules for the truth of the case to find out a very important role,only grasping the rules of evidence,added to evidence that case,they can better improve the effectiveness and accuracy of the trial.But at present our country administrative litigation evidence supplementary rules still has certain problem,some scholars in our country on the reconstruction and reflection,but the research results more battery or the burden of proof allocation within a specified time,to in the judicial practice over the phenomenon of legal designate the time limit for adducing evidence or supplementary evidence has not given sufficient attention,this refactoring also has certain problem,to improve the effect of supplementary rules of administrative litigation evidence.To this,this article from the administrative litigation evidence connotation,classification and componets of supplementary rules and characteristics,in comparing our country and abroad,on the basis of administrative litigation supplementary evidence rules,reflect on supplementary rules of administrative litigation of our country evidence,find out the existing problems,and to analyze the cause of the problem,and indicate the direction for the administrative litigation supplementary evidence rules,analyzes the present situation of reconstruction and find out the problems existing in the reconstruction,and finally points out that the reconstruction of the specific countermeasures,and for the future development trend of the supplementary rules of administrative litigation of our country evidence was discussed,the hope can for our country administrative litigation case provide certain reference for guiding role.
Keywords/Search Tags:Administrative litigation, Supplementary evidence rules, Refactoring, refle
PDF Full Text Request
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