June 4, 2002 by the Supreme People's Court Judicial Committee at its 1124 meeting, since October 1, 2002 has come into effect.
To accurately identified the facts of the case, fair and timely hearing administrative cases, according to the "PRC Administrative Procedure Law" (hereinafter referred to the Administrative Procedure Law) and other related legal provisions, a combination of administrative trial practice, the enactment of this provision.
One, the burden of proof and the allocation period
The first of the administrative procedure under Article 32 and 43 of the accused to make a specific administrative act bears the burden of proof, it should be a copy of the complaint received by the date on the 10th, provided the defendant was to make specific administrative acts, all the evidence and based on the normative documents. Defendants do not provide justification or evidence of late, as the defendant specific administrative act is no corroborating evidence.
The defendant due to force majeure or an uncontrollable objectively other legitimate reason, in the preceding section shall not within the period of time to provide evidence, it should be a copy of the receipt of the complaint on the 10th day extension to the people's court to provide evidence in the written application. The people's courts allow for the extension, the defendant should be the proper subject of the elimination within 10 days after the evidence. The overdue, as the defendant specific administrative act is no corroborating evidence.
The second of the plaintiff or the third person in the administrative procedures of no reason or evidence to refute, by the people's court to allow the defendant in the first instance procedure can be added corresponding evidence.
The third of the administrative procedure under the provisions of Article 33, in the course of the proceedings, the accused and their attorneys not free to the plaintiff to collect evidence and witnesses.
The fourth of the citizens, legal persons or other organizations to the people's court, should provide its prosecution of the corresponding evidence.
The prosecution accused omission of the cases, the plaintiff should be provided in the administrative procedures have made the application of evidentiary material. But with the exception of the following circumstances :
(1) the defendant should be in accordance with the terms of the initiative to fulfill the statutory duties;
(2) the plaintiff because the defendant is admissible for the registration system is not perfect as legitimate subject not provide relevant and material evidence to make a reasonable explanation.
That the plaintiff sued the defendant in excess of the statutory period, the defendant the burden of proof.
The fifth of the executive compensation proceedings, the plaintiff should be sued for specific administrative acts of damage caused to provide evidence.
The sixth of the plaintiff to prove the defendant can provide specific administrative actions that violate the evidence. The plaintiff did not provide evidence to establish that the defendant does not waive the defendant to specific acts legality of the burden of proof.
The seventh of the plaintiff or the third person should sit in the People's Court or before the specified date of the exchange of evidence with evidence. For legitimate reason for the extension to provide evidence, the people's court permission in court for investigation. Late provide evidence, the burden of proof as to give up rights.
The third plaintiff, or the first instance without proper procedures did not provide the subject and the second instance proceedings on the evidence provided, the people's court is not acceptable.
The eighth of the people's courts to accept cases the parties served notice or responding notice, the burden of proof should be informed of its scope, duration and overdue proof provide evidence of the legal consequences, and this matter can not be justified by arranging to provide evidence should be an extension to provide evidence in the application.
Under Article 9 of the Administrative Procedure Law Article 34, paragraph 1, of the provisions, the people's courts the right to require a person to provide or additional evidence.
Right parties without controversy, but involving national interests, public interests or other people's legitimate rights and interests of the fact that the people's court may order the person to provide evidence or supplement.
Second, the requirement to provide evidence
According to Article 10 of the Administrative Procedure Law Article 31, paragraph 1 (a) above, subject to the people's court to provide documentary evidence, must meet the following requirements :
(1) to provide documentary evidence of the original, original and copies of the originals belong to the original documentary evidence. For Original indeed difficult, and the originals can provide certified copies, photographs, excerpts from this;
(2) custody by the relevant departments to provide documentary evidence of the original copy, photocopy or reproduced pieces, it should be annotated source, the sector the same check after stamping its seal;
(3) statements, drawings, accounting, information technology professional, scientific literature and other documentary evidence, it should be accompanied by explanatory material;
(4) the defendant for the defendant specific administrative acts are based on the inquiry, the statements, talk transcripts, should have administrative and law enforcement personnel, the person being questioned, statements, remarks signatures or seals.
Laws, regulations, judicial interpretations and regulations on the production of documentary evidence as otherwise provided in the form of regulations.
According to Article 11 of the Administrative Procedure Law Article 31, paragraph 1 (b) of the parties to provide evidence of the people's courts must meet the following requirements :
(1) the original. For the original is indeed difficult, it can provide certified with the original copy of the evidence or proof of the photos, a video and other evidence;
(2) the original of a large number of types of objects, in part.
According to Article 12 of the Administrative Procedure Law Article 31, paragraph 1 (c) of the parties to the people's court to provide computer data or audio, video and other audio-visual materials, should meet the following requirements :
(1) providing relevant information in the original vector. For the original vector is indeed difficult, it can provide a copy;
(2) identification methods, production, production targets and prove;
(3) voice information should be content with the sound of written records.
According to Article 13 of the Administrative Procedure Law Article 31, paragraph 1 (d) above, subject to the people's court for the testimony of witnesses must meet the following requirements :
(1) states the names of witnesses, age, sex, occupation, address the basic situation;
(2) the signature of a witness, not signed, sealed and so should prove;
(3) indicate the date issued;
(4) with a photocopy of identity cards as proof of identity of the witness documents.
According to Article 14 of the Administrative Procedure Law of the first paragraph of Article 31 (6) of the defendant to the people's court for administrative procedures in the use of the expert conclusions, should contain the identification of clients and matters entrusted to the identification of the department of the relevant material, based on the identification and use of science and technology means, identification and professionally qualified experts note, and should have identified the signature and seal of identification. Through the analysis was the expert conclusions, it should be stated analysis.
According to Article 15 of the Administrative Procedure Law of the first paragraph of Article 31 (7) of the defendant to the people's court to provide transcripts of the scene, should contain the time, place and contents of such incidents, which law enforcement officials and the parties signed. The parties refused to sign or not to sign, the reasons should be annotated. There are other people on the scene may be other signatures. Laws and regulations on the production scene transcript form, unless otherwise stipulated by regulations.
The 16th of the parties to the people's court for the People's Republic of China in the field of external form of the evidence, should explain the source, the host notary proof, and by the People's Republic of China Consulate in the country certification, or to comply with the People's Republic of evidence made by the host country of the provisions of the treaty to prove that the procedures.
Provide clients with the People's Republic of China in Hong Kong Special Administrative Region and Macao Special Administrative Regions and Taiwan formed the evidence should have in accordance with the relevant provisions of the certification process.
The 17th of the parties to the people's court for the certificate or other instrument language audio-visual materials, should be accompanied by translations have qualified institutional translation or other accurate translation of the Chinese translation of a translation agency or translators stamped signature.
The 18th of the evidence involving state secrets, business secrets or personal privacy, people should be marked clearly to the court stated that the court confirmed to be reviewed.
The 19th of the parties should submit their evidence for the classification of the number of the source material evidence to prove that targets and contents for a brief description, signatures or seals, specifying the date of submission.
20 parties submitted to the People's Court received the evidence, should provide a receipt with the name of evidence, shares of pages, number, type and the time of receipt, usually signed or sealed.
Article 21 for more complicated cases or evidence of a large number of cases, the people's courts can organize parties before the court to the other to produce or exchange of evidence and exchange of evidence in the record volumes.
Third, access to and preservation of evidence
According to Article 22 of the Administrative Procedure Law Article 34, Section 2 of the regulations is one of the following cases, the people's courts the power to the executive authorities and other organizations, civic transfer of evidence :
(1) involve national interests, public interests or other people's legitimate rights and interests of the facts;
(2) involving ex officio additional parties to discontinue proceedings, the end of the proceedings, evading and other procedural matters.
Article 23 of the plaintiff or the third person could not collect their own, but could provide clues to the precise, the people's courts can apply for the transfer of the following evidence :
(1) from the state departments concerned to preserve and to be the people's court access to material evidence;
(2) involving state secrets, business secrets and personal privacy evidentiary material;
(3) due to objective reasons do not collect their own evidence of other materials.
The people's court shall, for the defendant to prove specific acts of legitimacy, the defendant access to specific administrative act did not collect evidence.
The 24th People's Court of the parties for the transfer of evidence, the burden of proof should be submitted within the deadline applications for the transfer of evidence.
Applications for the transfer of evidence should be stated the following :
(1) the evidence holders of the name or names, addresses and other basic information;
(2) the transfer of evidence to the content;
(3) application for the transfer of evidence and the reasons to prove the facts of the case.
The 25th People's Court on the parties of the transfer of evidence in the application, after reviewing the evidence to meet the conditions of the transfer, shall promptly decided to transfer admission; Do not meet conditions for the transfer of evidence, it should be subject to litigation or its agents to serve notice that does not allow access to the grounds. The parties and their attorneys received notice of the date on the 3rd to the admissibility of the people's courts review a written application.
The people's courts should review the receipt of the application, within five days to respond. According to the People's Court concluded that the transfer of the corresponding lack of evidence, and inform the applicant should specify the reasons.
The 26th of the people's courts need access to the evidence in a foreign land, can be written evidence commissioned by the transfer of the seat of the People's Court. The people's courts should be entrusted with the receipt of instructions, in accordance with the commission called for timely completion of the transfer of evidence, commissioned by the People's Court sent. Entrusted with the people's courts can not be completed commissioned content, this should be commissioned by the People's Court and the reasons why.
Parties under Article 27 of the Administrative Procedure Law of the 36th People's Court for the preservation of evidence, the burden of proof should be in before the deadline for written submissions and evidence Note the name and location, the preservation of the content and scope of the grounds for protection matters.
Client applications to preserve evidence, the people's courts can be required to provide appropriate security.
The legal and judicial interpretation stipulates v. ago to preserve evidence, in accordance with its provisions.
Article 28 in accordance with the Administrative Procedure Law of the People's Court of the 36th to preserve evidence, according to the specific situation that attachment, garnishment, taking pictures, sound recordings, films, replication, authentication, inquisition, the inquiry transcripts produced such protective measures.
The people's court to preserve evidence, it may request the parties or their attorneys present.
The 29th of the plaintiff or the third person, or there is evidence of legitimate reasons to suggest that the defendant was to identify the facts of the case report of the findings may be wrong, the burden of proof in writing, within a period of re-identification, the people's court should be permitted.
On the 30th of the parties commissioned by the People's Court identified the department's conclusions have objections to apply for re-identification, evidence of existence of one of the following cases, the people's courts should be permitted :
(1) identification of departments or experts who do not possess the appropriate professionally qualified;
(2) identification procedures serious violations of the law;
(3) Identification obvious conclusion based on inadequate;
(4) Following the cross examination can be used as evidence in other cases.
Right flawed conclusions can be added through the identification, re-connection or connection as supplementary solution.
Article 31 of the need for identification of the burden of the party, the burden of proof unjustified period not to apply for identification, not to advance identification of cost or refuse to provide relevant materials, causing controversy on the fact that the case could not be concluded by identifying identified, it should be that the facts do not bear the burden of proof can the legal consequences.
Article 32 entrusted to the people's court or the designated identification of issuing identification, should review whether the following elements :
(1) identification of the contents;
(2) Identification of submission of relevant materials;
(3) the basis for identification and use of scientific and technological means;
(4) identification process;
(5) clear conclusions;
(6) Identification and identification verification of eligibility;
(7) Identification and Identification sector stamped signature.
The preceding paragraph is lack of identification or no definite conclusion, the people's court may require the identification of sectors be described, additional verifications or re-identification.
33 of the People's Court may, on its own or for the parties in accordance with the terms of inquisition scene.
Inquisition scene, the inquisition must produce documents of the People's Court, and invited local grass-roots party organizations or units to send any representatives. The detainees or their relatives should be adult scene, and refused to the scene, not to investigate a crime scene, it should be inquisition transcripts in which to explain the situation.
The 34th trial of the officers should be produced transcripts inquisition, the inquisition records the location and time of inquisition, the scene, after the inquisition, and results from people inquisition parties, the presence of signatures.
Drawing inquisition scene at the site, should be drawn to the time, location, mapping of the names and identity information.
Inquisition conclusions parties to the dispute, the burden of proof for re-period inquisition, whether to allow the people's court decision.
4, the evidence of identification and verification of confrontation
The 35th of the evidence should be produced in court and cross examination by the court. Testimony in the trial, without evidence, can not serve as the basis for final decision.
Parties pretrial evidence in the course of the exchange not controversial and recorded in the volume of the evidence in the trial court stated, as determined in accordance with the facts of the case.
The 36th of the legitimate call, because the defendant refused to appear without good reason and need for a default judgment in accordance with the law, the defendant can not provide evidence as a basis for decision, but the person in a pretrial exchange of evidence did not dispute the evidence except.
Article 37 involving national secrets, business secrets and personal privacy or other legal provisions should be confidential evidence, the hearing shall be closed when the connection.
The 38th People's Court of the parties for the transfer of evidence from application to the transfer of evidence in the trial of the parties were produced, in connection with the parties.
The People's Court according to the terms of access to the evidence presented by the court, in respect of access to the evidence of the situation shows that the parties to listen to their views.
The 39th of the parties should focus on the relevance of the evidence, legitimacy and authenticity, against the evidence to prove the effectiveness and availability of proven effectiveness size, for post mortem.
Allowed by the court, the parties and their agents can ask each other questions of evidence and witnesses can identify people who ask questions or inquisition.
Mutual clients and their agents to ask questions, or to the witnesses, experts, people inquisition question, the question should be content with the facts of the case are related and should not be used inducement, threat, such as language or insulting manner.
The 40th of the documentary evidence, the physical evidence and audio-visual data connection, the parties should show evidence of the original or the original. But one of the following exceptions :
(1) to produce the original Original or indeed difficult by the court to allow it to produce copies or replicas;
(2) Original or the original no longer exists and be able to produce proof copies, and copies of originals, the original agreement of other evidence.
Audio-visual information should be broadcast or court, in connection with clients.
41 all know the facts of the case, have the obligation to testify. Following one of the circumstances permitted by the People's Court, the parties may submit written testimony :
(1) The parties in the administrative procedures or pretrial evidence exchange for the testimony of a witness without objection;
(2) the witness frail elderly or disabled unable to appear in court;
(3) the witness distance traffic inconvenience unavailability;
(4) a witness as a result of natural disasters or other unforeseen events force majeure unable to appear in court;
(5) A witness for other special reasons the court did not.
Article 42 not correct expression of the will of the people can testify.
According to parties concerned, the people's courts can witness the correct expression of the will or review by the departments identified. When necessary, the people's courts can also referred to the relevant departments under the terms of identification.
Article 43 witnesses for the parties, the burden of proof should be made before the expiry date, and by the people's court permission. The people's court to allow the witness to testify, the hearing should notify the witnesses.
The parties in the course of the trial that requires a witness to testify, the court may hear the case and decide whether to allow a trial and whether an extension.
Article 44 is one of the following cases, the plaintiff or the third one could ask the relevant administrative law enforcement officers to testify as a witness :
(1) on-site transcripts legitimacy or authenticity of the object;
(2) the seizure of the property or the number of varieties object;
(3) the testing or sampling of items custody dispute;
(4) the administrative law enforcement personnel legitimacy of the identity of the object;
(5) the need to testify in other cases.
Article 45 of the witnesses, should produce proof of their identity documents. This court should be honest testimony of its legal obligations and legal responsibilities of perjury.
The witnesses may not testify in court to observe the proceedings of the trial. The court asked the witnesses, other witnesses may not be present, to confront witnesses organizations with the exception.
The 46th of the witnesses should present its experience of specific facts. According to witness their experience of judgment to speculate or comment on, not as a basis for decision.
47th identification of the parties who requested to appear before the inquiry, experts should appear. Identification were not due to appear before the court's permission, could not appear in court by the parties concerned in writing of their identification for post mortem.
Experts not the proper subject of court, according to the provisions of Article 41 provisions.
Court asked to accept the identification, the court should verify their identities, and their clients and cases, and this clearly shows the experts identified the legal obligations and deliberately make false statements to the legal responsibility.
The 48th of the defendant specific administrative acts involving the special issue, the parties may apply to the court by professionals appear that the court can notify the court professionals note. When necessary, the court can organize professionals confront.
The parties appear to have professionals in the corresponding expertise, qualifications, experience and other professional qualifications object that can be asked. Court to decide whether it can appear as professionals.
Professionals can to identify people for questioning.
The 49th of the court process in connection to the case was not linked to the evidence, should be removed and the reasons.
Testimony in the court process, allowing them to the additional evidence, the evidence should be added for post mortem.
The court in connection right after the court evidence, in addition it is necessary, in general, not to conduct cross examination.
The 50th of the second instance proceedings, the parties in accordance with the law to provide the new evidence, the court shall conduct cross examination; Parties to the First Instance finds evidence is still under dispute, the court should also conduct cross examination.
In accordance with Article 51 of the procedures for supervising trial proceedings, the parties in accordance with the law to provide new evidence, the court shall conduct cross examination; Because the original judgment that found insufficient evidence of the facts and a retrial filed by the main evidence, the court should also conduct cross examination.
Article 52 The provisions of Article 51 and Article 50 of the "new evidence" means the following evidence :
(1) In the first trial procedures should be granted an extension and has not been permitted to provide the evidence;
(2) the parties in the first instance procedure for the transfer of law and without permission, or has not achieved, the people's court in the second instance proceedings access to the evidence;
(3) the plaintiff or the third person in the burden of proof upon the expiry of the evidence found.
5, the audit finds evidence
Article 53 People's Court magistrate administrative cases, the evidence should be the basis of the facts of the case.
The 54th of the court should be right after the court in connection without evidence and cross examination of the evidence for each review and comprehensive review of all the evidence, follow the professional ethics of judges, the use of logical reasoning and life experience, a comprehensive, objective and fair analysis of judgment to determine material evidence and the facts of the case between the proof, exclude the relevance of the evidence, to determine precisely the facts of the case.
The 55th of the court should be based on the circumstances of the case, the following review of the legality of the evidence :
(1) whether the evidence compliance with the statutory form;
(2) the evidence obtained with the laws, regulations, judicial interpretations and regulatory requirements;
(3) whether the evidence affecting the effectiveness of other illegal circumstances.
The 56th of the court should be based on the circumstances of the case, following a review of the evidence of authenticity :
(1) the evidence the reasons;
(2) found evidence of the objective environment;
(3) whether the evidence for the originals, original, copy, copy with the original, the original line;
(4) provide evidence of the parties or witnesses and whether the stake;
(5) evidence of the authenticity of the impact of other factors.
The 57th of the following as evidence for the decision not based on :
(1), a serious breach of the statutory procedures for gathering evidence;
(2) videotaping, were stolen, eavesdropping and other means of access to the legal rights of others against the evidence;
(3) inducement, fraud, coercion, violence in other improper means to obtain evidence;
(4) does not have the burden of proof beyond legitimate subject for the duration of evidentiary material;
(5) In the area outside the People's Republic of China or the People's Republic of China Hong Kong Special Administrative Region and Macao Special Administrative Regions and Taiwan formed without going through the statutory procedures of evidence to prove;
(6) The parties are unjustified refusal to provide documents, the original, without other evidence prove that the other party but not recognized by the evidence or copies of copies;
(7) or any other party for the treatment and unable to identify the authenticity of evidence;
(8) can not be correct expression of the will of the testimony of witnesses;
(9) lack of legitimacy and authenticity of the other evidence.
The 58th of a violation of the law prohibiting sexual violations of regulations or other people's legitimate rights and interests of the method of obtaining the evidence should not be determined based on the facts of the case.
59 of the defendants in the administrative procedures in accordance with legal procedures required to provide evidence of the plaintiff, the plaintiff should be provided in accordance with the law and refused to provide, in the proceedings of the evidence provided, the people's courts generally not adopted.
The 60th of the following evidence can not be identified as the defendant specific administrative act of legitimate authority :
(1) the defendant and his attorneys in specific acts or administrative proceedings in its own collection of evidence;
(2) The defendant in the administrative procedures of illegal deprivation of citizens, legal persons or other organizations legally entitled to the statements, the defense right to a hearing or used by the evidence;
(3) the plaintiff or the third person in the proceedings for the defendant in the administrative procedures were not as a specific administrative act based on the evidence.
Article 61, reconsideration organs in the review process and the collection of supplementary evidence, or the original specific administrative acts of the executive authorities did not review procedures to review organs of the evidence presented, not as an indigenous people's court finds specific administrative acts are legal basis.
Article 62 of the accused in the administrative procedures adopted by the expert conclusions, the plaintiff or the third submitted evidence that any of the following cases, the people's court rejected :
(1) identification of people do not have professionally qualified;
(2) Identification of serious violations of procedure;
(3) identification of the wrong conclusion, unclear or incomplete content.
Article 63 of the same facts to prove a few evidence to prove its effectiveness in accordance with generally can be identified separately for the following cases :
(1) state organs and other functional departments under the terms of the production of documents than other instruments on cards;
(2) expert conclusions, the scene transcripts, transcripts inquisition, archival material and a notarized registration book or certification other than documentary, audio-visual information and the testimony of witnesses;
(3) Original, better than the original copy of a copy;
(4) Identification of the statutory findings of the autopsy other than identification of the expert conclusions;
(5) The court presided over by the inquisition inquisition transcripts produced better than other sector-led inquisition produced by the inquisition transcripts;
(6) better than the original evidence came evidence;
(7) Other than the testimony of witnesses and the parties have relatives or other close relations between the witnesses that the parties provide favorable testimony;
(8) the testimony of witnesses to testify better than the testimony of witnesses to testify;
(9), several different types, as consistent evidence than an isolated evidence.
Article 64 in tangible fixed or vector display of electronic data interchange, e-mail and other data, and its production and authenticity confirmed by the other party, or in other notarized effective way to be proven, and the originals have the same proven effectiveness.
In the 65th hearing of the party or its agents acting within the purview of the other party's statement said the facts of the case clearly recognized, the people's court that the facts can be found. But the contrary evidence is sufficient to overturn the exception.
The 66th of the executive compensation proceedings, the People's Court presided over conciliation for the parties reached a mediated settlement of the facts of the case recognition, not in subsequent proceedings against them as evidence.
Article 67 without outside influence in the circumstances, one of the parties to provide evidence, the other party clearly recognized, it finds that the evidence of effectiveness; The other party to be denied, but was unable to provide sufficient evidence to rebut the case can be integrated review finds that the card According to the proven effectiveness.
Article 68 of the fact that the court may direct assertion :
(1) a well-known fact;
(2) theorem and the law of nature;
(3) In accordance with the legal provisions of the fact that presumption;
(4) has been lawfully proven fact;
(5) Under the daily experience of the fact that the presumption rule.
The preceding paragraph (1), (3), (4), (5), the parties have sufficient evidence to the contrary except for the overthrow.
The 69th of the plaintiffs do have evidence held by the defendant of evidence favorable to the plaintiff, the defendant does not have legitimate reason for the refusal, can be presumed to advocate the establishment of the plaintiffs.
The commencement of the 70th People's Court magistrate instrument or instruments arbitration award recognizes the fact that could serve as basis for final decision. However, if the magistrate found instruments or the award instrument finds the fact that there is a major problem and should discontinue proceedings through legal procedures be corrected after the resumption of the proceedings.
71 following evidence alone is not as final authority :
(A) minors with the age and mental condition, unsuited to the testimony;
(2) and the party has family ties or other close relations of this witness's testimony favorable parties, or a party with a negative relationship of the witnesses that his client's testimony;
(3) should not testify unjustified and the testimony of witnesses to testify;
(4) difficult to distinguish whether the revised audio-visual materials;
(5) not with the original, the original copy of a check or replicas;
(6), a party or any other changes, the other party not recognized by the evidence;
(7) Other alone is not as finalized based on the evidence.
72 of the connection after hearing the evidence, the court found to be determined in court; The court can not be identified, it should be in a collegial panel determines.
The people's courts should be in the magistrates instruments adopted to clarify whether the evidence reasons.
Article 73 court found the evidence in court finds that there are errors can be corrected in accordance with the following manner :
(1) the trial ended before the discovery of the error and should be re-identified;
(2) After the sentencing hearing before the error is found, in the magistrates instruments to be corrections, and with justification, can be found sitting again;
(3) a new evidentiary material may overrule the evidence has been found, it should be held again be found.
6, and appendixes
Article 74 of the witnesses, experts and their close relatives, the personal and property safety are protected by law.
The people's courts should be witnesses, the identification and contact addresses be kept confidential.
Of the 75 witnesses, experts were asked to testify in court or accept the reasonable expenses and costs, by providing witnesses, the identification of a party to go to a party from losing commitment.
The 76th of the witnesses, experts perjury, in accordance with the Administrative Procedure Law Article 49, paragraph 1 (b) of the investigation of his legal responsibility.
77 participated in the proceedings or the other people on staff or trial witnesses, experts, inquisition and their close relatives implementation threatened, insulted, beaten, harassed or prejudice to retaliate against acts of administrative proceedings, in accordance with the Administrative Procedure Law Article 49, paragraph 1 (c), ( 5) or (6) of the investigation of his legal responsibility.
The 78th of the right should assist the transfer of evidence to the units and individuals, unjustified refusal to help fulfill obligations in accordance with the Administrative Procedure Law Article 49, paragraph 1 (e) of the investigation of his legal responsibility.
Despite the 79th of the administrative proceedings before the judicial interpretation is inconsistent with the provisions of this provision to prevail.
The 80th of this provision since October 1, 2002 has come into effect. On October 1, 2002 has not yet finished, the second trial and retrial administrative cases not applicable regulations.
The implementation of the provisions have been concluded before the administrative cases, the parties in violation of the grounds for a retrial, the people's court will not support it.
After the implementation of the provisions under judicial supervision of procedures for administrative decision to retry the case, the application of the provisions. |
