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Study on the Rules of Evidence in Administrative Proceedings

Author: GaoDan
Tutor: ZhouXiaoHong
School: Jilin University
Course: Legal
Keywords: Burden of proof Replacement of a rule Standard of proof Illegallyevidence
CLC: D925.3
Type: Master's thesis
Year: 2012
Downloads: 186
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Abstract


This paper attempts to analyze the status system of evidence in administrativeproceedings, that its cause of the problem, explain the evidence of our judicial systemrequirements. On some controversial issues put forward their own views, evidence ofits system of administrative litigation in future legislation into a modest improvement.evidence system is the soul of the litigation system is an important part of the legalconstruction. The basic meaning refers to the sum of the evidence concepts, types,and the use of evidence rules. First, the evidence system determines the degree oflization of substantive justice. Secondly, the evidence of the system determineswhether or not advanced in a country’s judicial system.This article is entitled "Evidence of administrative litigation system a numberof issues " of the full text is divided into five parts. The first part focuses on theburden of proof allocation rules of the system and the problems and suggestions. Theburden of proof allocation rules of the system, including general administrativeproceedings the burden of proof allocation rules, not as administrative proceedingsthe burden of proof allocation rules and administrative compensation proceedings theburden of proof allocation rules. The second part focuses on the defendant fill permitsystem and the existing problems and countermeasures. Introduces a time limit foradministrative proceedings the burden of proof, the defendant permit system has beendeveloped to make the existence of the concept too far ahead, there is a reasonablebasis for its need to "administrative information symmetry","participation inadministration" has spread to all areas of the premise of administrative action, andstrict the principle of the program contrary to the requirements and other issues. Thethird part focused on analyzing the standard of proof in administrative proceedingsproblems and countermeasures, introduces the standard of proof are two types ofadministrative proceedings, including the high degree of probability standard andbeyond reasonable doubt standard. The fourth section focused on analyzing the illegal evidence exclusion rules problems and countermeasures of illegal evidence exclusionrules for the national security exceptions including those relating to the illegalevidence, involving danger to society of illegal evidence of significant public interest,exceptions and emergency acquired in good faith exception. Etc. Part V introducesthe electronic eye in the application process problems. King should not be recognizedas evidence.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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