Research on the Administrative Evidence System

Author: Xu Jimin
Publisher:
Publish Date: 2006-08-01
Features: Some countries mainly regulate the administrative evidence system in administrative procedure law, while China regulates it in the Administrative Litigation Law and the Supreme People's Court's "Regulations on Several Issues Concerning Administrative Litigation Evidence." Correspondingly, scholars have focused their research perspectives primarily on administrative litigation evidence, with little research on the administrative procedure evidence system. Administrative review and administrative litigation are review systems that include the examination of evidence rules applied by administrative organs. The administrative evidence system should mainly be stipulated in administrative procedure law, and the administrative procedure evidence system should be highly correlated with the administrative litigation evidence system. If administrative evidence is studied in isolation from administrative procedures, it may overlook the characteristics of administrative procedures. Evidence rules established based on such research may be detrimental to administrative management. Research on the administrative evidence system should start from administrative procedure evidence, integrating it with administrative litigation evidence to study the relationship between administrative organs' collection, review, and determination of evidence, and the review of administrative procedure evidence by courts.