After the defendant submits evidence in administrative proceedings, the plaintiff can provide evidence to prove that the administrative act is illegal and refute the plaintiff's administrative act.
administrative procedure law of the people's republic of china
Article 34 The defendant bears the burden of proof for an administrative act and shall provide evidence of the administrative act and the normative documents on which it is based.
If the defendant fails to provide evidence or fails to provide evidence within the time limit without justifiable reasons, it shall be deemed that there is no corresponding evidence. However, if the sued administrative act involves the legitimate rights and interests of a third party, unless the third party provides evidence.
Article 37 The plaintiff may provide evidence to prove that the administrative act is illegal. If the evidence provided by the plaintiff is not established, the defendant shall not be exempted from the burden of proof.
2. What are the rules of evidence in administrative litigation?
Administrative litigation evidence rules mainly refer to the rules and principles that must be followed in the process of proof, testimony, evidence collection, cross-examination and authentication of administrative litigation orders. Because administrative litigation has its special nature and characteristics compared with civil litigation and criminal litigation, its evidence rules are different from other litigation activities except for similarities with other litigation evidence rules.
1, rules of evidence collection Rules of evidence collection are procedures, methods and conditions that people's courts, administrative subjects, their counterparts and other interested parties should follow when collecting and collecting evidence. At present, there is no unified administrative procedure law in China, and there is no clear and consistent provision for obtaining evidence in administrative procedures. This judicial interpretation is based on the limitation of judicial power, and it is impossible to set up evidence collection behavior in administrative procedures. Only by stipulating the requirements of proof can the behavior of obtaining evidence be standardized. In fact, the second part of this judicial interpretation, "the requirement of providing evidence", is the requirement of obtaining evidence. If the evidence does not meet the requirements, of course, no evidence can be provided. So I summarize this part as the rules of evidence collection. Rules of Proof: Proof in Administrative Litigation
2. Rules of Proof Proof In administrative litigation, proof refers to the litigation activities in which the parties in administrative litigation provide evidence to the court to prove whether there is a causal relationship between a specific administrative act or factual damage, damage behavior and damage result, whether it is legal, whether it should bear administrative compensation responsibility and what kind of compensation responsibility it should bear. Strengthen the defendant's appearance in court.
3. Supplementary evidence rules Supplementary evidence in administrative litigation refers to litigation activities in which the existing evidence of a case is insufficient to prove the facts to be proved, and the parties concerned supplement relevant evidence on their own initiative or at the request of the people's court according to law, thus proving the facts to be proved. Broadly speaking, supplementary evidence also belongs to proof, but they are two relatively independent litigation acts.
4. Cross-examination rules Cross-examination refers to the cross-examination conducted by one party to another witness under the auspices of the administrative judge. Cross-examination in administrative litigation refers to the behavior that the parties and their entrusted agents influence the judge's inner conviction in evidence exchange or trial under the auspices of the judge.
5. Certification Rules Administrative litigation certification is an activity that judges comprehensively identify, question, explain and explain the three attributes of evidence, namely objectivity, legality and relevance, in order to determine the effectiveness of evidence. The value of cross-examination lies in improving the admissibility of evidence, looking for conclusive evidence and preparing for authentication. It examines and judges in a long way.
The above knowledge is Bian Xiao's answer to relevant legal questions. After the defendant submits evidence in administrative proceedings, the plaintiff can provide evidence to prove that the administrative act is illegal and refute the plaintiff's administrative act. If you need legal help, readers can continue to consult and have a professional lawyer to answer your questions.