On The Application Of Advantage Evidence Rules And Risk Management In The Investigation And Disposal Of Administrative Cases Of Public Security

In the process of dealing with administrative cases of public security,it is unrealistic to blindly pursue the true form of restoring facts because of the restriction of subjective and objective factors: it not only affects the efficiency of dealing with cases,but also may cause disputes to continue to escalate,and it is difficult to protect the legitimate rights and interests of the parties.Therefore,it is urgent to establish an effective standard for the application of superior evidence rules in public security administrative cases.Advantage evidence refers to the fact that both parties put forward their respective claims and corroborate them with sufficient weight of evidence.After both parties have completed the burden of proof,the judge makes a judgment based on the evidence provided by the parties,and the party with stronger proof can confirm the validity of their claims.The Supreme People's Court's Provisions on Evidence in Civil Procedure breaks through the provisions of the Civil Procedure Law and establishes the proof standard of "obvious superiority" in civil litigation.This makes it possible for judges to judge the authenticity of the facts of a case in civil trial activities not only on the basis of "clear facts and sufficient evidence",but also on the basis of the specific circumstances of the case.Whether to establish the standard of evidence proof of superiority in the handling of administrative cases of public security is still controversial.At present,the relevant laws do not clearly stipulate,but in the actual case processing,we can see that the rule of superior evidence has been widely used.This article advocates the establishment of the standard of proof of superior evidence in the handling of administrative cases of public security.Through the analysis of financial theory,the author systematically summarizes the application risks of the rule of superior evidence in administrative cases of public security,and puts forward some suggestions: clarifying the relevant system provisions;clarifying the value orientation of the rule application;screening and improving the legal quality level of public security organs and court enforcers;organizing legal professionals to organize the rule of superior evidence.The legal origin and spirit of Rule of Law are studied and understood.This paper uses the methods of dialectical analysis and comparative study,and pays attention to the combination of theory and practice,while studying the relevant theoretical results of other countries,and considering the actual situation of our country to learn from the relevant theories;on the basis of analyzing the application of the current superior evidence rules in the investigation and treatment of public security administrative cases,it summarizes the problems.Suggestions for improvement are put forward.In terms of writing methods,we should adhere to the basic principles of dialectical materialism epistemology,draw lessons from the theoretical research and judicial practice advantages of common law countries,and introduce risk management theory to analyze the theoretical feasibility and practical usability of China's superior evidence rules in the investigation and treatment of public security administrative cases,and finally put forward suggestions for improvement.At present,there are few research contents on this part.The purpose of this part is to enrich and substantiate the research of evidence theory in public security science,to provide forward-looking theoretical guidance for the future judicial practice of administrative cases of public security and the development of administrative cases of public security into administrative litigation cases,and to contribute a little to the legal construction of our country.