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Common Administrative Procedures Evidence Institutionalism

Posted on:2008-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:J L YangFull Text:PDF
GTID:2206360215467104Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
This paper puts eyes on the importance of evidence system in the Anglo-American administrative procedure, of which the basics of evidence system of administrative procedure are in the first place introduced, and the historical analysis, comparative analysis and evaluation analysis are applied. The paper is comprised of five parts. The first part analyzes, in a micro view, the basic concept of administrative procedure evidence and its relation with civil evidence, criminal evidence and relevant concepts, by which the role and function of administrative procedure evidence is recognized. The second part discusses the key points of administrative procedure evidence in England and America. The third part goes to the theoretical analysis on the evolution and inherent motive of administrative procedure evidence. The difference of natural conditions, historical traditions, and people dispositions between two countries results in the different characteristics on the administrative procedure evidence. The fourth part considers the value of administrative procedure evidence, which sets a model for the establishment and promotion of administrative procedure evidence system for China whether in theory or practice. The last part mainly analyzes the influence of administrative procedure evidence system on the administrative procedure legislation in our country. The administrative procedure law is in the work in China, thus, it is likely to find out some answer through the research on Anglo-American administrative procedure evidence.
Keywords/Search Tags:administrative procedure, evidence system, natural justice, due process
PDF Full Text Request
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