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.