The Analysis Of Identifying Situations Of “Insufficient Main Evidence” In The Administrative Proceeding On The Basis Of 283 Papers Of Judgement

The determination of "insufficient main evidence" in administrative litigation is crucial for theory and practice.The standardization of the case of "insufficient main evidence" is the ladder leading to the rule of administrative law.However,the current study of "insufficient main evidence" is mainly conducted at the theoretical level,rarely from a practical perspective.Therefore,it is necessary to analyze the judicial practice of "insufficient main evidence",recognize its essence when theory guides practice and practice enriches theory,and then to discuss how to identify the case of "insufficient main evidence".With 283 cases studied,the difficulties can be found in the generalization of judicial application,the blurry boundary with other bases for revocation,the failure to combine with administrative litigation's standard of proof,and the weak persuasiveness of judgment documents.Therefore,with the basis of existing theories and the judicial experience of the determination of "insufficient main evidence",we can normalize the defining standard of "main evidence" and identify which case belongs to "insufficient main evidence".Meanwhile,we can clarify the logical relationship with other bases for revocation,combine "insufficient main evidence" with administrative litigation's standard of proof to strengthen the persuasiveness of the uncertain legal concept of "insufficient main evidence".With better understanding of the legal provision in Article 70 of the "Administrative Procedure Law","inadequate main evidence",judicial organs can use the provision exactly to promote the smooth of the trail procedure.