Research On The Third Party Evidence System In Administrative Litigation

The third-party proof system for administrative litigation refers to the fact that citizens,legal persons or other organizations that have an interest in the administrative action or the outcome of the case in the process of administrative litigation can participate in the litigation and submit evidence according to the application or the court 's authority To prove the legality of the administrative action of interest to support its own litigation claim or request,otherwise it will bear the responsibility and consequences of the proof.The third party's use of the power of proof can,on the one hand,get its own rights and interests timely relief;on the other hand,it can also prevent the obstruction of litigation procedures from affecting the rights of administrative counterparts.Clarify the relationship between the original defendant and the third party in the litigation,clarify the time limit and standard of proof,and implement the burden of proof,which can regulate the exercise of the third party 's power of proof.The third-party evidence system in administrative litigation has provided a wealth of research materials to the academic community since the revision of the Administrative Procedure Law in 2014.The new "Administrative Procedure Law" in2017 and the subsequent judicial interpretation in 2018 have provided further protection for the third party's proof of litigation,but it has not explained its effectiveness,responsibility,guarantee mechanism and other supporting procedures,and it has appeared in practice.A batch of new cases with the third party evidence system in administrative litigation as the contention,therefore,the issues related to it have become the focus of this article.Generally speaking,the article is mainly divided into four parts.The first chapter starts with the provisions of legal and judicial interpretations,and discusses the overview of the third-party proof system in administrative litigation,including the connotation and characteristics of the third-party proof,system evolution and system construction The legitimacy of the third-party evidence system is basically combed.The second chapter,combined with the relevant viewpoints of the academic world,interspersed some cases to clarify the problems in the current system.First,it does not effectively distinguish different types of third-party evidence.The classification of third parties in the existing law does not have a substantial meaning.Made an effective summary,but also did not reflect the uniqueness of administrative litigation;second,the time limit for the third party 's proof is not clear,mainly because of the contradiction between the two paragraphs of Article 35 of the Interpretation of Actions,which will inevitably cause judicial practice The disagreements and the uncertainty of the "just cause" rules make the court spend a lot of time in determining the facts,delaying the litigation process,and also create conditions for the surprise attack of the evidence.Third,the standard of proof for the third party in the administrative litigation is not clear.Unlike civil litigation "high probabilities" and criminal litigation "exclude reasonable doubt",to what extent should third party evidence be presented in administrative litigation,can it be deemed as a proof that can prove the lawfulness of the alleged administrative act The standard does not have a unified conclusion;fourth,the third party 's burden of proof is unclear and the degree of responsibility is unclear.There is undue risk aggravating his liability,punitive measures against the defendant evidence of weakness leads to loss of the right to a third person's rights and interests is difficult to guarantee in turn jeopardize their legitimate rights and interests.The third chapter focuses on the four issues mentioned above,compares the experience of Germany,Japan and Taiwan of China,and summarizes the enlightenment for the third-party proof system in China's mainland;Chapter IV,respond to the questions raised in Chapter II one by one,first,clearly define the type of third party,in essence divide the third party into 5 categories,and second,clarify the period of proof of the third party There should be stricter regulations on "justifiable reasons".Third,the third party 's standard of proof should be clarified.One is to continue the system of "conclusive evidence" as the standard of proof,and the second is to use the "true belief" theory as "conclusive evidence." "The basis of";fourth,standardizing the burden of proof of the third party,one is to clarify the burden of proof of the third party,and the second is to regulate the defendant's loss of evidence.Thinking about the third-party evidence system in administrative litigation through four dimensions,trying to contribute to the reconstruction of the system,so that the third-party evidence system in administrative litigation can bebetter self-consistent and integrated into the entire administrative law evidence system.