The Application Of Free Hearts Card In Administrative Litigation In China

In our country, on a Free Evaluation of Evidence applicable in administrative proceedings is very little research. In this paper, through a system of Free Evaluation of Evidence and the legal characteristics of the concept of inspection, to establish the concept of Free Evaluation of Evidence and applicable to a particular object, systematic application of the process, secret the judgmental process are three major characteristics of the process. At the same time the system of the Free Evaluation of Evidence comes from the three stages of evolution. It proves that free evaluation of evidence in line with the needs of modern litigation Specific to the administrative proceedings in the application of Free Evaluation of Evidence reflects the value of its existence, which is the administrative proceeding to achieve the value of constitutional's external manifestations and to protect to achieve the purpose and function of administrative proceedings. However, Free Evaluation of Evidence in the administrative proceedings, criminal proceedings, as well as the application of civil proceedings is different. This article discusses the unique nature of the Free Evaluation of Evidence in the administrative proceedings from three aspects; they are the allocation of the burden of proof, the standard to prove, and the main body of a Free Evaluation of Evidence.We can draw such a conclusion that while the established system of Free Evaluation of Evidence in our legal provisions, however, in practice, far below the requirements of applicable from the current situation of Free Evaluation of Evidence in China's administrative proceedings applicable. There are many problems, they include the main body of Free Evaluation of Evidence can not guarantee benign operation, the existing norms of Free Evaluation of Evidence in the provisions are non-operable, administrative proceedings standard of proof is not explicitly limited the applicability of Free Evaluation of Evidence and so on. To solve these problems, this article investigated the extraterritorial Two Schools of Free Evaluation of Evidence applicable in administrative proceedings, raised we should perfect our Free Evaluation of Evidence in the application of administrative proceedings from three directions: who will apply to the Free Evaluation of Evidence, the evidence review system and who will supervise.Based on the above three major directions, this paper put forward a constructive ideas for Free Evaluation of Evidence to apply in administrative proceedings in our country. At the same time, this paper also established two major theoretical premises: one is how to achieve the objective evidence of the independence in Free Evaluation of Evidence, the other is how to protect the results of Free Evaluation of Evidence are reasonableness in administrative proceedings. This laid the theoretical foundation for the idea below. According to the theory established the premise, combined with the problems in the implementation of administrative litigation of Free Evaluation of Evidence, so as to make Free Evaluation of Evidence in administrative proceedings sound way. Specifically from the five areas to achieve Free Evaluation of Evidence in the administrative proceedings to fully play its role. They are to establish the status of Free Evaluation of Evidence in evidence review system of administrative litigation, to limit the scope of objective evidence of Free Evaluation of Evidence from legislation, to establish the evidence standard of proof in administrative proceedings, to increased the transparency in administrative proceedings of free evaluation of evidence, to strengthen the supervision of Free Evaluation of Evidence, to improve the quality of judges, and to promote the judicial independence. The key is to clear the standard of proof of Free Evaluation of Evidence applicable in administrative proceedings. Only with defined standard of proof in order to allow the Free Evaluation of Evidence is more targeted, and in order to allow the Free Evaluation of Evidence to enable full integration of administrative proceedings.