Evidence refers to all materials used to prove the facts of a case. Evidence is collected by litigation participants and submitted to the People's Court, or collected or acquired by the People's Court in accordance with its legal authority. Evidence has three main characteristics: ① Authenticity, that is, the materials used to prove the facts of the case should be objective and true, rather than assumptions or fabrications; ② Relevance, that is, the evidence submitted by the litigation participants and collected and obtained by the people's court must be consistent with The cases have certain connections and must reflect the facts of the case; ③ Legality, that is, the materials used to prove the facts of the case must be legal, including legal evidence collection procedures and legal forms of evidence.
Administrative litigation evidence refers to all materials used to prove the facts of the case in administrative litigation. Chapter 5 of the "Administrative Litigation Law" makes special provisions on evidence in administrative litigation; on July 24, 2002, the Supreme People's Court promulgated the "Provisions on Several Issues Concerning Evidence in Administrative Litigation", which stipulates the distribution of the burden of proof, the time limit for producing evidence, and the provision of evidence. Important judicial interpretations have been made on issues such as requirements, acquisition and preservation of evidence, confrontation, identification and verification of evidence, and review and identification of evidence.
Legal forms of evidence in administrative litigation According to the provisions of the "Administrative Litigation Law", evidence in administrative litigation has the following seven forms: documentary evidence; physical evidence; audio-visual materials; witness testimony; statements of the parties; appraisal conclusions ;Inspection records and on-site records.
Documentary evidence is written material that proves the facts of the case based on the content it records or expresses. Common documentary evidence includes official documents, letters, lists, receipts, certificates, documents, certificates, invoices, contract texts, charts, drawings, etc.
Basic requirements for documentary evidence. If the party provides documentary evidence, it should meet the following requirements: Provide the original copy of the documentary evidence (original, original and copy). If there is any difficulty, a copy, photo, or Excerpts; if copies, photocopies or transcripts of original documents kept by relevant departments are provided, the source should be indicated, and the department's seal will be stamped after verification; provide statements, drawings, accounting books, and professional and technical materials. , scientific literature and other documentary evidence, it should be accompanied by explanatory materials; the records of inquiries, statements, and conversations provided by the defendant that are based on the specific administrative actions being sued should be signed or stamped by the administrative law enforcement personnel, the person being questioned, the stater, and the interviewer. chapter. If laws, regulations, judicial interpretations and rules have other provisions on the form of producing documentary evidence, such provisions shall prevail.
Physical evidence refers to all materials that prove the facts of the case based on the appearance, characteristics, quality, etc. of the object. The difference between physical evidence and documentary evidence is that documentary evidence proves the facts of the case based on the recorded content or the thoughts expressed, while physical evidence proves the facts of the case based on the characteristics, texture, shape, color, smell, function, weight, etc. of the object itself.
Basic requirements for physical evidence If the parties provide physical evidence, they should meet the following requirements: Provide the original object (if it is really difficult, a copy that is verified to be the original object or a photo, video, etc. that proves the physical evidence can be provided Evidence); if the original object is a large number of types, provide a part of it.
Audiovisual materials refer to materials that can record sounds and images, such as audio tapes, video tapes, films, fax materials, compact discs, computer data, etc. Although audio-visual materials record certain content, they are not recorded in the same way as documentary evidence: audio-visual materials use specific machinery and equipment to record, save and reproduce certain content, and the content is extensive, including pictures, sounds, activities and environments, etc. Therefore, audio-visual materials It is an independent form of evidence.
Basic requirements for audio-visual materials. If the parties provide audio-visual materials, they should meet the following requirements: provide the original carrier of the relevant materials (copies can be provided if there is any difficulty); indicate the production method, production time, and production time. Persons and objects of certification, etc.; sound materials should be accompanied by a written record of the sound content.
Witness testimony is an oral and written statement made to the people's court by a person other than the party regarding the circumstances that he or she knows related to the case. According to the law, witnesses have the obligation to testify, but people who cannot express their will correctly cannot testify.
Basic requirements for witness testimony. If a party provides witness testimony, it should meet the following requirements: state the name, age, gender, occupation, address and other basic information of the witness, and have the signature of the witness; if unable to sign, It should be certified by sealing, etc.; the date of issuance should be indicated; and a copy of the citizen's ID card and other documents proving the identity of the witness should be attached.
The statements of the parties refer to the statements made by the plaintiff, defendant, co-litigant, litigation representative and third party in administrative litigation to the people's court on the facts of the case.
The appraisal conclusion refers to the conclusive opinion made by the appraiser after analyzing specialized issues using scientific methods, equipment and professional knowledge. There are many specialized issues in administrative litigation, so appraisal conclusions are very important in administrative litigation evidence.
Basic requirements for appraisal conclusions. The appraisal conclusions used in administrative procedures provided by the defendant to the court should state the client and the matters entrusted with the appraisal, the relevant materials submitted to the appraisal department, the basis for the appraisal and A description of the scientific and technical means used, the appraisal department and the appraisal qualifications of the appraiser, and the signature of the appraiser and the seal of the appraisal department. The identification conclusion obtained through analysis should explain the analysis process.
Inspection records and on-site records Inspection records are records made by administrative agencies or people's courts after surveying and inspecting the crime scene or related items. On-site transcripts are records of on-site work performed by administrative agency staff on specific administrative actions. Inspection transcripts are different from on-site transcripts. Inspection transcripts can be made by administrative agency staff or court staff, while on-site transcripts are made by administrative agency staff who personally participate in specific administrative actions. . In addition, the object of inspection records is a specific place or object, while the object of on-site records is the process of a certain event. On-site transcripts are a unique form of evidence in administrative litigation. This type of evidence can only be used when other evidence is impossible or difficult to obtain, or is easy to be lost; and on-site transcripts must be produced when specific administrative actions are carried out, and must be prepared by law enforcement officials and parties or someone else’s signature, etc.
Basic requirements for on-site transcripts: The on-site transcripts provided by the defendant to the court should state the time, location, events, etc., and should be signed by law enforcement officers and the parties involved. If the party refuses to sign or is unable to sign, the reasons should be stated. If other people are present, they may sign. If laws, regulations and rules have other provisions on the form of production of on-site transcripts, those provisions shall prevail.
The burden of proof in the general sense is mainly used in civil litigation. It means that the parties concerned have the responsibility to provide evidence to prove their claims.
The burden of proof in administrative litigation Due to the particularity of administrative litigation, the burden of proof in administrative litigation is quite different from the general burden of proof. It mainly refers to the specific administrative actions taken by administrative agencies. Provide the evidence and normative documents on which the specific administrative action is made. If you fail to provide the supporting materials and normative documents on which the specific administrative action is made, there is a risk of losing the case.
Characteristics of the burden of proof in administrative litigation ① Administrative litigation emphasizes the burden of proof of administrative agencies and does not place the court’s investigation and evidence collection on an equal footing; ② The burden of proof in administrative litigation is mainly a unilateral responsibility, that is, the defendant The administrative agency bears the main burden of proof when suing; ③The content of the burden of proof in administrative litigation is not limited to the factual basis, but also includes the normative document basis for the administrative agency to make specific administrative actions.
The defendant’s burden of proof and the time limit for producing evidence. According to the relevant provisions of the Administrative Litigation Law, the defendant bears the burden of proof for the specific administrative acts made and shall, within 10 days from the date of receipt of a copy of the complaint, Provide all the evidence and normative documents on which the specific administrative act complained of is made. If the defendant fails to provide evidence or provides evidence beyond the time limit without justifiable reasons, it will be deemed that there is no corresponding evidence for the specific administrative act being accused. If the defendant is unable to provide evidence within the prescribed time limit due to force majeure or other legitimate reasons objectively beyond his control, he shall submit a written application to the court for an extension of time to provide evidence within 10 days from the date of receipt of a copy of the complaint. If the court allows an extension to be provided, the defendant shall provide evidence within 10 days after the legitimate reasons are eliminated.
If provided after the time limit, it will be deemed that there is no corresponding evidence for the specific administrative act complained of.
The burden of proof and time limit for proof borne by the plaintiff. When citizens, legal persons or other organizations file a lawsuit in court, they should provide corresponding evidence materials that meet the conditions for prosecution. The plaintiff shall bear the burden of proof for the following matters: ① Prove that the prosecution meets the statutory conditions, except that the defendant believes that the plaintiff's prosecution exceeds the statutory time limit (the defendant shall bear the burden of proof that the plaintiff's prosecution exceeds the statutory time limit); ② In cases where the defendant is sued for inaction, prove The fact that he has filed an application, except for the following circumstances: the defendant should proactively perform statutory duties ex officio, and the plaintiff is unable to provide relevant evidence and materials and make a reasonable explanation due to legitimate reasons such as the defendant’s incomplete registration system for accepting applications; ③ In the administrative compensation lawsuit filed together, prove the fact that the loss was caused by the infringement of the accused behavior; ④ other matters that the plaintiff should bear the burden of proof. The plaintiff or a third party shall provide evidence before the trial or on the date designated by the court for the exchange of evidence. If an application is made for deferring the provision of evidence due to legitimate reasons, it may be provided during court investigation with the permission of the court. Failure to provide evidence within the time limit shall be deemed to have waived the right to produce evidence. The court will not accept evidence that the plaintiff or a third party failed to provide in the first-instance procedure without justifiable reasons and then provided it in the second-instance procedure.
Implementation of the burden of proof: The evidence cited by the defendant should be evidence at the time when the specific administrative act was made. The Administrative Litigation Law stipulates that during the litigation process, the defendant shall not collect evidence from the plaintiff and witnesses on his own. Evidence collected by the defendant and his agent ad litem after taking specific administrative actions or other evidence collected by the defendant in serious violation of legal procedures cannot be used as a basis for determining that the specific administrative action being sued is legal. However, in any of the following circumstances, the defendant may supplement relevant evidence with the permission of the People's Court: First, the defendant has collected evidence when making specific administrative actions, but cannot provide it due to legitimate reasons such as force majeure; second, the plaintiff or a third party During the course of the litigation, rebuttal reasons or evidence that were not presented during the defendant's implementation of the administrative action were presented.
The People's Court's Collection of Evidence The "Administrative Litigation Law" stipulates that the People's Court has the right to require the parties to provide or supplement evidence; the People's Court has the right to obtain evidence from relevant administrative agencies, other organizations, and citizens.
The People's Court has the right to obtain evidence. The People's Court's acquisition of evidence will help it gain a comprehensive and objective understanding of the case, thereby accurately applying the law and resolving the issue of whether specific administrative actions of administrative agencies are legal. Under any of the following circumstances, the People's Court has the right to obtain evidence: First, the plaintiff or a third party and its litigation agent provide evidence clues, but are unable to collect them themselves and apply to the People's Court to obtain evidence; Second, the party concerned should provide and Unable to provide original documents or items.
The People's Court has the right to require the parties to provide or supplement evidence. In order to fully grasp the evidence and accurately identify the case, the People's Court has the right to require the parties to provide or supplement evidence in addition to taking the initiative to obtain evidence.
The People's Court's review of evidence The basic way for the People's Court to review evidence is through court investigation and court debate. According to the provisions of the Administrative Litigation Law, administrative litigation evidence can only be used as the basis for finalizing a case after being reviewed by the court and found to be true. Evidence that has not been cross-examined in court cannot be used as the basis for the people's court's judgment. The evidence collected and supplemented by the review authority during the review process cannot be used as the basis for the people's court to maintain the original specific administrative action. The defendant's submission to the court of evidence during the second instance that was not submitted during the first instance cannot be used as a basis for the second instance court to revoke or change the first instance judgment.
Evidence preservation refers to the activities in which the People’s Court takes measures to identify and protect evidence at the request of litigation participants or ex officio when evidence may be lost or difficult to obtain in the future. According to the provisions of the Administrative Litigation Law, when evidence may be lost or difficult to obtain in the future, litigation participants may apply to the People's Court for the preservation of evidence, and the People's Court may also proactively take preservation measures.