2009Journal of Beijing People's Police CollegeRequires access

A Study on the Principle of Administrative Decision Based Exclusively on the Records

Jixia Wang

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Abstract

The principle of administrative decision based exclusively on the records,arising from America, is a basic principle both in administrative procedure and in proceeding in most advanced countries.This principle can be seen in administrative law in China.However,there are many problems such as the narrow scope in implementing administrative procedure and the uncertainty of the judicial objects and the rule of new evidence. In view of the practical needs and foreign experience,the applicable scope of this principle and the rules of administrative proceedings,especially the acceptance rule of new evidence should be modified to achieve the purpose of administration by law.

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The principle of administrative decision based exclusively on the records,arising from America, is a basic principle both in administrative procedure and in proceeding in most advanced countries.This principle can be seen in administrative law in China.However,there are many problems such as the narrow scope in implementing administrative procedure and the uncertainty of the judicial objects and the rule of new evidence. In view of the practical needs and foreign experience,the applicable scope of this principle and the rules of administrative proceedings,especially the acceptance rule of new evidence should be modified to achieve the purpose of administration by law.

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Available abstract

The principle of administrative decision based exclusively on the records,arising from America, is a basic principle both in administrative procedure and in proceeding in most advanced countries.This principle can be seen in administrative law in China.However,there are many problems such as the narrow scope in implementing administrative procedure and the uncertainty of the judicial objects and the rule of new evidence. In view of the practical needs and foreign experience,the applicable scope of this principle and the rules of administrative proceedings,especially the acceptance rule of new evidence should be modified to achieve the purpose of administration by law.

Key concepts: Scope (computer science), Administrative law, China, Administration (probate law), Rule of law, Law, Political science, Law and economics

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