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The files on the Anglo-American administrative law system and its significance in China

There is no evidence of specific administrative act, basis. collected during the review and additional evidence, not as a people's court to maintain the original specific administrative act is based. 99 ④ burden of proof on the accused and the burden of proof at the same time period, due to force majeure such as a valid reason can not provide; the plaintiff or a third party in the litigation process, the implementation of proposed administrative action in the course of the defendant's grounds of objection or no evidence. provides that to allow the defendant to add the program in the first instance the appropriate evidence. Under the current judicial interpretation, the people's court in the case of administration of anti-dumping and countervailing cases, records of the defendant as the basis of administrative files, but other administrative cases in the adjudication of the applicability of the principle of exclusivity is not clear files. Second,[link widoczny dla zalogowanych], between the conflicting requirements, the lack of maneuverability. additional evidence on the provisions of the accused,[link widoczny dla zalogowanych], and Period of more than proof, if the defendant provided to the court in a specific administrative act has been collected, but due to force majeure and other legitimate reasons can not provide proof of evidence within the time limit, the court whether to accept? I believe that such evidence if it is the administrative organ collected before the end of administrative procedures, and as the basis for one of the administrative act, the court should be accepted, but delay executive response to evidence the reasons. Otherwise, the court should not be accepted. Third, the defendant in the administrative procedures for the collection of evidence after the end of leeway. Whether it is grounds the opportunity to collect evidence. Discussion of I propose, first of all,[link widoczny dla zalogowanych], or issued in the future, range,[link widoczny dla zalogowanych], not only for the field of administrative entities, but also for the field of administrative proceedings, not only for anti-dumping, countervailing judicial review of administrative cases, also apply to other judicial review of administrative cases; Finally, the defendant of additional evidence in the administrative proceedings strictly limited to only the defendant made a specific administrative act has been collected, but due to force majeure and other legitimate reasons can not provide evidence of the reasons the defendant after the court may allow the additional evidence in the first instance proceedings, in addition to all non- prospective defendant of additional evidence. Because the defendant in the above to allow additional evidence, the defendant additional evidence is still a part of administrative files, but there is no objective reasons to the court to provide timely, allowing the defendant to add such evidence is not contrary to Files. (Editor: Liu Zhubin) @ ④ ④ Ma Huaide: 75
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