Research On Judicial Review Of Administrative Agreement Benefits

In recent years,administrative cases caused by administrative management and administrative law enforcement have increased year by year,and complaints and petitions involving administrative trials have increased significantly.The lack of ability to effectively resolve disputes in the current administrative trials has become increasingly apparent,and the issue of evidence has become an effective solution to administrative disputes.A core issue.In administrative litigation,in order to facilitate the substantive settlement of administrative disputes,it is necessary to correctly handle the relationship between the expropriation of evidence by the court and the evidence of the parties and the application of the court to expropriate the evidence.As an important part of the evidence collection mechanism,the court's ex officio investigation and the development of the evidence collection system will naturally have a subtle influence on it.Improving the system of investigation and evidence collection for the people's courts is not only conducive to the fair and equitable realization of the case,but also conducive to the development of the entire society and the realization of the goal of the rule of law in China.In addition to the introduction and conclusion,this article is divided into four parts,the specific content is as followsThe first part gives a brief overview of the court's ex officio evidence.Firstly,it briefly summarizes the concept and connotation of court ex officio investigation and evidence collection,and then analyzes the different disputes in the theoretical circles of the court ex officio investigation and evidence collection,and then expounds the legality and value of the court's authority to obtain evidence.The second part is a comparative analysis of the relevant legal provisions on extraterritorial courts' investigation and evidence collection.By comparing and analyzing the differences between the civil law system and the Anglo-American law system in the investigation and evidence collection of courts in administrative litigation,the differences from the legal provisions of our country and the experience and reference are summarized.The third part is to analyze the current situation and existing problems of the investigation and evidence collection of the ex officio power of the courts in China.The first is the analysis of the status quo and practice status of the court's ex officio investigation and evidence collection.It provides a case basis for summarizing the problems existing in the court's ex officio investigation and evidence collection,and then summarizes the five problems that the court's ex officio investigation and evidence collection requirements are not It is clear that the scope of the investigation and evidence collection of the court ex officio is not clear,the power of the court to investigate and collect evidence ex officio is too large,the procedural norms of the court's ex officio investigation and evidence collection are not sound enough,and the cross-examination of the court's ex officio investigation and evidence collection is insufficient.The fourth part provides targeted solutions to the problems discussed in the third part.It mainly expounds the specific countermeasures to solve the problems existing in the investigation and evidence collection of the court's ex officio power:clarify the requirements of the investigation and evidence collection of the ex officio,improve the scope of the court's ex officio investigation and evidence collection,limit the right of the court to investigate and collect evidence according to the right of office,and standardize the court's ex officio investigation and evidence collection.Procedures and the development of a code of conduct for the court to investigate and collect evidence.