Research On The Evidence Rules Of Administrative Public Interest Litigation

With the reform of administrative public interest litigation system,judicial practice has encountered a series of problems about evidence rules.Influenced by the thought of "emphasizing entity and neglecting procedure",although China has made some beneficial exploration in the theory of evidence rules of administrative public interest litigation,it is far from reaching the level required by the complexity of judicial practice.Moreover,the particularity of evidence rules in administrative public interest litigation is lack of relevant theoretical research.In order to improve the administrative public interest litigation system steadily,we still need to discuss the evidence rules and give reasonable plans.Administrative public interest litigation is still in the scope of adjustment of administrative procedure law.This paper explores the evidence rules of administrative public interest litigation,which is based on the rules of evidence in administrative litigation.This paper is divided into six chapters.On the basis of the discussion of the value pursuit,the theory of litigation right and the "national" litigation status of the procuratorial organs,this paper studies the evidence rules of administrative public interest litigation in the following parts: evidence collection,proof,quality certificate and certification.In the research,we should pay attention to the differences of each link,sort out the legislation and judicial practice in different links,and discuss the problems in each link before and in the procedure of litigation and the different status characteristics of each subject respectively: strengthen the power of evidence transfer in the prosecution department in the process of evidence collection;Besides the principle that the administrative organ bears the burden of proof,the proof behavior of all parties is regulated;In the process of quality certificate and certification,the neutral position of the trial party is emphasized,in public interest litigation,the supervisory position of one party,the procuratorate should be respected by the other parties.In order for the value of administrative public interest litigation to be fully exploited and the relationship between the parties to be clearly defined.The author wishes to summarise and analyse the problems in the rules of evidence for administrative public interest litigation.