On The Behavior Of Administrative Organ Entrusting Citizens To Obtain Evidence

The difficulty of obtaining evidence in administrative law enforcement has always been a systematic problem for administrative organs,In recent years,China's administrative organs have made many innovations in solving the problem of "difficult evidence collection",Such as the implementation of the public evidence collection system.However,as an important procedural link and step in the field of administrative law,administrative evidence collection has paid enough attention to the standardization of its procedures,but it lacks of exploration on the legitimacy of its legal level,especially the emerging evidence collection behaviors such as "encouraging citizens to shoot violations" and "network reporting platform" in recent years.In recent years,with the deepening of the cross research in the field of administrative law and constitutional law,the use of commissioned evidence collection in administrative punishment and other administrative acts is becoming more and more high.But how to define the reporting behavior of citizens is the entrustment of administrative investigation power? Or is it a tip off? Is the administrative act legitimate in administrative law? Whether the evidence obtained by this act can be used in the subsequent administrative acts.The purpose of this paper is to compare and analyze two cases.Firstly,from the characteristics of administrative entrustment and administrative investigation,it analyzes that the act of entrusting citizens to collect evidence does not belong to the scope of administrative entrustment and investigation right entrustment.Then,according to the difference between the nature of the act of entrusting citizens to collect evidence and the entrustment of administrative entrustment and investigation right,it concludes that entrusting citizens to collect evidence actually belongs to the act of citizens reporting.Then through the third chapter,the legitimacy of the source of the right to report and the legitimacy of the evidence obtained by the entrusted evidence,we can conclude that the entrusted citizens' evidence collection behavior has the legitimacy basis in the administrative law,so the evidence obtained can be used as the evidence of administrative law enforcement.The fourth chapter starts with the consideration of the reality of the entrusted citizen's investigation behavior,and then puts forward that if the evidence basis of the administrative behavior such as the administrative punishment of the evidence obtained by the entrusted citizen's investigation and evidence collection is used,the administrative organ needs to improve the standard of evidence review,increase the strength of evidence review and other evidence requirements,and at the same time puts forward the direction of institutional improvement such as the establishment of the right relief channels for both parties.