行政复议证据制度立法的完善

On the Legal Perfection of Evidence System of Administrative Reconsideration in China

我国行政复议证据制度尚处于一个较薄弱阶段,法律缺乏详细规定,仅有的少数几个涉及到证据的条款分散于行政复议和行政诉讼相关法律、法规、规章和司法解释中;而在理论上与较完善的行政诉讼证据制度相比,涉及也较少,因而实际工作中不得不照抄行政诉讼证据。一定程度上影响了行政复议作为区别于行政诉讼的救济和监督体制效能的发挥,也不利于整个行政程序法证据制度的建设。

Chinese evidence system of administrative reconsideration is still in its infancy. In terms of law-making, we can only find few rules on evidence in some relevant law and regulations. In terms of theory research work, there is no adequate research comparing with that of administrative litigation. As the result, copying the corresponding rules of the administrative litigation law is a reluctant but a frequent way in conducting it in China. However, that inevitably influences the effect of the whole administrative evidence system of China, as a way of supervision and remedy, which makes it identify with the administrative litigation is limited in this case.