On The Perfection Of The Evidence System Of Administrative Reconsideration In China

Administrative review,administrative procedure and petition are the three major channels and approaches through which citizens,legal persons and other organizations of our country can seek for relief of administrative rights.Comparing these approaches,administrative review has more advantages than the others,such as,convenience,efficiency,the ability to achieve government self-monitoring,etc.Based on this,the current mainstream idea holds that our country should regard administrative review as the main channel for resolving administrative disputes.However,due to the lack of government credibility in the current administrative review,the situation of review is not good enough,while the approach of petition and procedure employ widely than reconsideration.In recent years,this issue has received the great attention of quiet a few experts and scholars.Most scholars have proposed setting up an administrative review committee in order to ensure the credibility of administrative review.The implementation of this measure does indeed alleviate these problems,but it is still not enough.The author assumes that the reason for the lack of credibility mainly lies in the lack of evidence systems of administrative review.The key to resolving this issue lies in accelerating and perfecting the evidence system of administrative review in our country.Therefore,this paper can be divided into the following four parts.The first part is that the origin of the problem.The author first begins with the development of evidence in administrative reconsideration for our country,listing the defects of the present evidence system of administrative review in our country,expounding the existing research achievements and limitations in our country,and making a good foundation for perfecting the evidence system of administrative review.At the same time,this paper introduces the research aim,method and approach.The second part is the explanation of the related supporting concepts.The concept of understanding to solve legal problems is of great significance.In this section,we introduce the concepts and attributes of evidence,administrative evidence and evidence of administrative review in order to obtain the relevant concepts of the evidence system of administrative review and define the meaning of the key words appearing in this paper.The third part is the basic theory of evidence system of administrative review in our country.In order to perfect and change the evidence system of administrative review in our country,we must solve the nature,function,characteristics of the evidence system of administrative review and the relationship between the administrative review evidence system and the administrative procedure evidence system must be solved.The author will explain it in this part.The fourth part is comparative study of the evidence system of administrative review.This paper studies the evidence stipulation of administrative procedure and administrative review through analyzing the law of foreign countries(continental law system and Anglo-American Law system country)and our country,and comes out the suggestion of perfecting the evidence system administrative review in our country.The fifth part is the way of evidence system of administrative review in our country.Through the first four parts of analyzing,it can draw conclusions of it.We should speed up the systematic of evidence of administrative review,and clarify the evidence qualification of evidence system of administrative review.To perfect the evidence system of administrative review in our country,we should set up a reasonable burden of proof of administrative review,establish the pluralism of standards of proof system of administrative review,strengthen the working construction of administrative review team and set the reason system of the written decision of administrative review.