On the Reconstruction of the Relationship Between the Administrative Evidence and the Evidence in Administrative Litigation

There does not exist a complete system of administrative evidence in China at present.In administrative practice,the administrative organs have to apply the rules of evidence in Administrative Litigation Law and its judicial interpretation.The rules of evidence in litigation are simply transplanted into the administrative procedure for the efficiency of administrative activities,which led to a lot of conflicts both in theory and in practice.Therefore,the Administrative Procedure Act need to be enacted to provide the rules of administrative evidence,once the rule system is established,judges should review administrative actions according to this act,the regulations referring to administrative evidence in Administrative Litigation Law and its judicial interpretation will come to the end.