Research On The Liability Distribution System Of Administrative Reconsideration Evidence Of China

Liability of administrative reconsideration evidence means after applicant appeals administrative reconsideration and definite which party must provide evidence to support self and asset truth,and make statement to cited evidence and reality relevance,under the situation of unable quote,do not fully state,cause opaque to case reality due to without reaching the evidence standard,it will undertake evidence principle of disadvantageous consequence.Hence we can see the liability allocation system of administrative reconsideration evidence what will generate significant effects to reconsideration decision which made by reconsideration organs.But at this phase our liability allocation system of administrative reconsideration evidence is at primary phase,major allocation principles copy the liability inversion principle of administrative litigation evidence,which ignored differences of system design and theory research,seriously hindered fair development of liability allocation system of administrative reconsideration evidence,therefore,construct an independent evidence liability allocation system which is different from administrative evidence will make it a supporting development with function and value of administrative reconsideration,this has practical meaning in guarantee civil rights,stipulating administrative rights.The article’s argument rid off restriction of liability inversion principle of administrative litigation evidence,make inversion as a big premise,regard clear case reality as purpose,through transforming with administrative evidence specialty,reasonable allocated evidence liability allocation system among applicant,respondent and the third people.Firstly,clear liability of administrative reconsideration evidence and basic theory of allocation system,contrast major theory what kind of liability allocation of administrative litigation evidence,discover what kind of liability allocation principle confirm with administrative reconsideration system.Secondly,since detailed carding to Administrative Reconsideration Regulations,our legal standard of administrative reconsideration and statements about evidence liability allocation in local legislation,through consistent criterion statements and gradual perfect stipulations,got a clear picture to legislator’s consideration in liability allocation system of administrative reconsideration evidence.Through contrast and analyze again about stipulation of seeming evidence liability allocation system of administrative reconsideration system in British and Korea,focus on discussing and analyzing how to realize reasonable allocation of evidence burden to applicant and respondent under the principle of “ who assert,who evidence it”,which plays a strong guiding meaning to formulate evidence allocation system which features our owned administrative reconsideration.finally come into proposing question,analyzing question and improving development,concluded problem mainly center three aspects of uncertain evidence liability allocation system,distributed legal regulations and stipulations,insufficient supports to procedure and system,propose some opinions in improving specific allocation principle: divide liability of administrative reconsideration evidence into primary evidence liability,procedure,procedure evidence liability and entity evidence liability,and combine reconsideration apply of benefited administrative behavior,assert administrative illegality,non-accomplishment,allocate all parties evidence liability in detail.Formulate helpful reconsideration model to reasonable allocation of administrative reconsideration evidence liability in improving system procedure,improve cross-examination procedure and strengthen authority investigation liability.In regard of legislation contents,it should stipulate independent evidence system chapter,and unify distributed evidence liability stipulation,ask for establishing applicant registration system.