Exploration On Administrative Penalty Evidence Rules

Administrative evidence is the basis for administrative organs to make actions,is the premise of law-based administration which plays a vital role in the administrative activities.However,traditional evidence study focuses on litigation evidence which ignores study on procedural evidence.Combined with the imperfect legal system of administrative procedures in China,Administrative procedure evidence rules get harder to have its independence.Administrative penalty as a kind of aggravating administrative behavior will directly adversely affect the relative rights of administrative counterpart.Thus,the study on administrative penalty evidence rules deservedly become the most important part of the study on administrative procedure evidence rules.This paper respectively explores the three rules with the highest degree of attention from three stages(the collection,the examination,the application)in the rules of administrative penalty.Through the analysis of the relevant laws and regulations and the interpretation of the typical cases in practice,analyze the current situation of the rule of legality of obtaining evidence,illegal evidence exclusion and standard of testification during the administrative penalty,try to make some improving suggestions on administrative penalty evidence rules which will promote the realization of law-based administration.There are five chapters in this thesis:Chapter 1:Elaborates the basic concept of the administrative penalty evidence rules.Defines the concept of administrative penalty and administrative penalty evidence evidence rules,then summarizes the characteristics of them comparing with administrative litigation evidence and administrative litigation evidence rules.Explains the necessity of establish administrative penalty evidence rule at last.Chapter 2:The rule of legality of obtaining evidence during the collection of administrative penalty evidence.Defines the rule includes three aspects according to the existing provisions.Analyzes its current situation by interpretation of the relevant cases to pave the way for the constructive opinion below.Chapter 3:The rule of illegal evidence exclusion during the examination of administrative penalty evidence.Makes a description of the content of it based on the Conclusion of current regulations.Finds out its shortages and the causes according to the practical situation which provide the foundation of the improvement hypothesis below.Chapter 4:The rule of standard of testification during the application of administrative penalty evidence.Analysis what extent using evidence to prove the facts should be confirmed to.Analyze the status of the rule to prove the direction of definite this rule.Chapter 5:On the basis of the others chapters,the fifth chapter proposes pertinence suggestions on improving the administrative penalty evidence rules in China.In the aspect of legislation,modifies the existing Law on Administrative Penalty enhancing the operability of the rules.In the aspect of conduction,sets up the concept of law for the administrative organs while improving the personnel quality for the law enforcement officials.Puts forward the optimization ideas for these three rules in order to improve the administrative penalty procedures?enhance the credibility of administrative penalty organs,make the law-based administration a reality.