Administrative Litigation Law Evidence Cases and Analysis

Author: Song Suojun
Publisher:
Publish Date: 2005-08-01
Features: The issue of evidence is both a difficult problem in the theory and legislation of litigation and a key and challenging issue in judicial practice. The reform and improvement of the evidence system, as the core of the litigation system, is not only one of the important links in establishing a modern judicial system but also a crucial guarantee for achieving judicial fairness. In judicial practice, any judgment made by the court must be based on facts, but whether a fact can become the basis for a judgment ultimately depends on whether the evidence proving that fact is sufficient and reliable, and whether it has legal evidentiary capacity and probative force. Therefore, the evidence system that regulates litigation evidence and proof behavior is not only of great significance to procedural justice but also determines the process of achieving substantive justice. Only through a scientific and comprehensive litigation evidence system can the random factors in the litigation process be eliminated, and the litigation outcome can be maximally guaranteed to be fair and credible. Since law originally exists in human social life and human concepts, the task of legislators, judges, and legal scholars is not to create law but to discover law from the reality of social life and human ideas, and then to express it in the form of statutes, case law, or scholarly doctrines. Therefore, it is the inevitable requirement for the development of evidence law to learn from and summarize the experiences, successes, failures, and gains from judicial practice, especially from specific judgment cases. Practice is also rich, and for the theoretical tree to remain evergreen, it must constantly draw nourishment from new and richer practice, constantly enriching, correcting, and developing itself to better guide practice. This is the guiding principle behind the compilation and revision of this casebook and analysis. As for the readers being able to gain some reference or inspiration from this casebook and analysis, it is our highest goal and the greatest encouragement we have always strived for.