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Research On The Legalization Of Administrative Evidence

Posted on:2018-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2346330563450813Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative power has been continuously provide and applied in the social development.Administrative procedure is a sharp sword to provent the abuse of administrative power,and how to use this sword and administrative evidence ideally is important to administrative law enforcement.The legality and effort of administrative act are decided by administrative evidence.But,the legislation of administrative evidence system is still very week in our country at present.Administrative law enforcement officials always use the administrative litigation evidence rules to do executive decision.This behavior leads to lo of rejections in prctice.This is necessary to clarify the relationship between administrative evidence and the other litigation evidence.There are four parts in the thesis.Firstly,author expound the basis theory of administrative evidence,also analyze the connotation and the value pursuit of evidence.Secondly,the main content of second part is the legal environment of administrative evidence law.Author focus on "the Federal Administrative Procedure Act".China ought to borrow successful experience of the United State,such as the principle of files exclusivity and the impartiality of the procedures.In the third part,clarifing the investigation and collection of evidence and the value pursuit between administrative evidence and administrative litigation evidence.Author expound the meaning of constructing administrative evidence system and how to construct the rule of administrative evidence.At last,author try to find the way to start the litigation on administrative procedural law.E-government affair is getting better and better.What ie the E-government affair and how to govern it are the problems the author want to deal.
Keywords/Search Tags:administrative evidence, administrative litigation evidence, administrative procedural law, E-government affairs
PDF Full Text Request
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