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Studies on Evidence Proving System of Administrative Penalty

Author: CaoNa
Tutor: TanZongZe
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: administrative punishment evidence system standard of proof
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 41
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Abstract


The countries have procedure law always have provisions relating to the evidence. Many systems are carried around the evidence system. Evidence is the core issue of the proceedings, but also the core of administrative procedure. Administrative procedure is a process to investigate the fact and application of law. The investigation of fact based on evidence. Scientific evidence will help the executive to get the truth correctly.China has no administrative procedure law, the evidence of the norms of laws and regulations can be found in special regulations. Compare with litigation evidence, the administrative procedure system is a tough work with very little information about the research. In fact, the evidence is a kind of administrative procedure of judicial evidence used more frequently than the judicial evidence. The principles involved and systemic issues are worthy of study. Administrative penalty is a typical unbeneficial administrative action. If the parties preferred the litigation, administrative action may be reviewed. The evidence is the most important part of the review and evidence of administrative penalty should be verified without doubt. The establishment of a sound system of administrative penalties can be beneficial to the public interest and civil rights protection and maintenance.This article is divided into five parts. Its main idea is:Charter one: Description of the quality of administrative evidence and the relationship between administrative evidence and administrative litigation evidence as well as the status of administrative penalty evidence.Charter two: analysis of the basic meaning of the administrative penalty evidence and a brief interpretation of the relationship between administrative punishment and administrative penalty evidence.Charter three: analysis of object of administrative penalty.Charter four: allocation responsibility of administrative penalty.Charter five: Standard of Proof in an administrative penalty for discussion and analysis: including the objective reality and legal reality standards; and reviewing representative theory and put forwarding the construction of administrative penalty proving standard system. This section is the core of this article.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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