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The Simple Research of the System of Standards of Proofin Our Country’s Administrative Punishment

Author: WangXiaoYing
Tutor: WeiQiong
School: East China University of Political Science
Course: Constitutional and Administrative Law
Keywords: administrative punishment standards of proof legal truth free evaluation of evidence high probability
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 109
Quote: 1
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Abstract

For a long time, the Administrative is lack of a specific set of standards of proof, which results in discrepancies between punishment and proof during making an administrative punishment. Most of the administrative punishments go to the administrative reconsideration and/or administrative litigation afterwards, however, the mismatch of standards of proof between administrative punishment and administrative reconsideration/litigation make the administrative lose the case. The current law and regulation provides an attesting range from“ascertain the facts”to“out of insufficiency of main evidence”for the administrative punishments, whereas, such standards of proof still get problems and limitations.The activities of administrative punishment and administrative litigation have got some sort of natural bond. They both make judgments/verdict on the basis of evidences which ascertain the facts, besides, the legality of administrative behavior is to be judged by administrative litigation, therefore, standards of proof in administrative punishment shall be specified and in accordance with those in administrative litigation. Nevertheless, as an administrative act, administrative punishment is not a judicial act, and administrative litigation is different to other litigations, so the standards of proof in administrative punishment shall be a specific and independent system.To scientifically construct a system of standards of proof, first of all is to combine the theory of proof and the theory of administrative punishment, and 4 issues of the standards of proof for administrative punishment is to be resolved. They are a) which mode of the standards of proof shall be adopted for administrative punishment? b) what’s the range of the object of the proof for administrative punishment? c) which creed shall be adopted, legal evaluation of evidence or free evaluation of evidence? and d) how to select the standards of proof for administrative punishment? The standards of proof for China administrative punishment shall use a mode of legal truth on the basis of objective truth, and develop the proof of substantive evidence, procedural evidence and the regulatory documents pursuant, with the publicized multi-rule of free evaluation of evidence on the basis of seek-truth-from-fact, under the foundation of High Probability theory, to achieve a multi-level and multi-phased proving system and realize the legal truth and fulfill the attesting activity for administrative punishment.The author tries to construct a frame of the system of standards of proof for administrative punishment, i.e. substantive fact, procedural fact and the regulatory documents pursuant to shall all be in accordance with the legality of the standards of proof; the evidence, procedure, process of free evaluation shall be in accordance with the publicity of the standards of proof; the substantive proof shall be in accordance with the different levels and phases which includes cases of simplified procedures, administrative coercive measures, ordinary procedures and administrative punishment suspected of being a crime, what’s more, cases are also provided for detailed analysis and demonstration of this frame.

The Simple Research of the System of Standards of Proofin Our Country’s Administrative Punishment

Abstract

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