行政诉讼中的证明妨碍制度刍议

On Spoliation of Evidence in Administrative Proceedings

举证责任规则是法官在案件事实真伪不明时的裁判标准。但发生证明妨碍时,若仍机械适用举证责任规则,在许多情形下会显失公平,而且也是变相鼓励当事人的证明妨碍行为。为了达到实质正义,证明妨碍制度的研究就显得非常必要。但目前关于证明妨碍的研究主要集中在民事诉讼领域,行政诉讼领域的证明妨碍鲜有人论及。

The rule of burden of proof is the judgment criterion that judges use when the facts of the case are unclear.However,in the case of spoliation of evidence,adopting the rule mechanically will be obviously unfair in many circumstances.Moreover,it is encouragement for parties to spoliate evidences in disguised.In pursuant of substantive justice,the study on spoliation of evidence seems to be rather necessary.The current studies on spoliation of evidence are mainly in the field of civil procedural law.The spoliation of evidence in administrative law is seldom touched.This article combines the special features of administrative proceedings with the general principles of spoliation of evidence,and then puts forward some proposals for our legislation perfection.