According to relevant laws and regulations, the subject of burden of proof in administrative litigation is the defendant; If the defendant cannot provide evidence and basis for a specific administrative act, it may be deemed that there is no evidence and basis for the specific administrative act. By the defendant. When the defendant provides evidence to the people's court, he should submit both factual basis and normative documents to the court, only aiming at the legality of the specific administrative act, that is, if he can't prove that his act is legal, he will lose the case, and the part of civil claim involving incidental civil action should still follow the rule of who advocates and who gives evidence. In administrative proceedings, the defendant may not collect evidence from the plaintiff and witnesses on his own. Only when the people's court requires the parties to provide or supplement evidence, the defendant's evidence collection behavior is legal. 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 35 In the course of litigation, the defendant and his agent ad litem shall not collect evidence from the plaintiff, the third party and the witness on their own.

Article 36 If the defendant has collected evidence when he makes an administrative act and cannot provide it due to force majeure or other legitimate reasons, the provision may be postponed with the permission of the people's court.

Municipal statute of limitations? The limitation of administrative litigation is the effective period for a party to bring an administrative lawsuit to a people's court for a specific administrative act. After this period, the parties lose the right to bring an administrative lawsuit to the people's court. The general statute of limitations for administrative litigation is six months. "

To sum up, the question of who is responsible for giving evidence in administrative proceedings has been discussed in detail above. It is suggested that the defendant and his agent ad litem should not collect evidence from the plaintiff, the third party and the witness themselves during the proceedings.

Legal basis: Article 34 of the Administrative Procedure Law of the People's Republic of China stipulates that 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.