Applicable conditions of evidence rules in administrative litigation

Some provisions of the rules of evidence in administrative litigation include: evidence must be cross-examined by the court before it can be used as the basis for determining the facts of the case; The requirement of evidence cross-examination is that the evidence should be relevant, legal and true; The parties may ask each other questions about the evidence.

legal ground

Article 35 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation

The evidence shall be presented in court and cross-examined in court. Evidence that has not been cross-examined by the court cannot be used as the basis for finalizing the case. Evidence that is not disputed and recorded by the parties in the process of evidence exchange before the trial can be used as the basis for determining the facts of the case after being explained by the judges in the trial.

Article 39 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation

The parties concerned shall conduct cross-examination around the relevance, legality and authenticity of the evidence, whether the evidence has probative effect and the magnitude of probative effect. With the permission of the court, the parties and their agents may ask each other questions about evidence, or they may ask questions to witnesses, expert witnesses and inspectors. When the parties and their agents ask questions to the other party or to witnesses, experts and inspectors, the content of the questions should be related to the facts of the case, and no language or means such as seduction, threat or insult may be used.