Request for Provisions on Several Issues Concerning Evidence in Administrative Litigation Interpret

The provisions of the Supreme People's Court on the concealment of pure litigation evidence in civil litigation include: 1. The original plaintiff or the defendant's counterclaim shall provide corresponding evidence that meets the requirements for prosecution; 2. The parties and their litigants shall apply in writing to the people's court for investigation and collection of evidence before the expiration of the time limit for presenting evidence; 3. The defendant shall explain his or her opinions in writing before the expiration of the defense period; 4. Evidence that has been cross-examined by the parties during the course of trial is evidence that has been cross-examined.

Article 1 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings: Where a plaintiff files a lawsuit in a people's court or a defendant submits a counterclaim, it shall provide evidence that meets the requirements for initiating a lawsuit. Article 20 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" Where parties and their litigants apply to the people's court to investigate and collect evidence, they shall submit a written application before the time limit for presenting evidence is completed. Article 49 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" The defendant shall submit a written defense before the completion of the defense period, explaining its opinions on the plaintiff's litigation claims and the facts and reasons on which they are based.

Article 60 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings: Evidence that the parties have expressed their opinions on cross-examination during the preparatory phase before trial or in the course of the people's court's investigation or questioning is to be regarded as evidence that has been cross-examined. Article 85 of the "Several Provisions of the Supreme People's Court on the Evidence of the Deferred Litigation and Litigation in Civil Litigation" Article 85: The people's courts shall make a judgment in accordance with law on the basis of the facts of the case that can be proved by the evidence.

Legal Analysis: The Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation are formulated in accordance with the Administrative Litigation Law of the People's Republic of China and other relevant laws and regulations, combined with the actual situation of administrative adjudication. The purpose of this provision is to accurately determine the facts of the case and to hear administrative cases in a fair and timely manner.

The Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation were adopted by the 1224th meeting of the Adjudication Committee of the Supreme People's Court on June 4, 2002.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation Article 1: In accordance with the provisions of Article 32 and Article 43 of the Administrative Litigation Law, the defendant bears the burden of proof for the specific administrative act taken, and shall provide all the evidence on which the specific administrative act was based and the normative documents on which it was based within 10 days of receiving a copy of the complaint. Where the defendant does not provide evidence or fails to provide evidence within the time limit without a legitimate reason, it is to be viewed that there is no corresponding evidence for the specific administrative act being sued.

Where the defendant is unable to provide evidence within the time limit provided for in the preceding paragraph due to force majeure or other legitimate reasons beyond objective control, it shall submit a written application to the people's court for an extension of time to provide evidence within 10 days of receiving a copy of the complaint. Where the people's court permits an extension of provision, the defendant shall provide evidence within 10 days of the legitimate cause being eliminated. Where it is provided within the time limit, it is deemed that there is no corresponding evidence for the specific administrative act being sued.

The provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation are formulated on the basis of the Administrative Litigation Law of the People's Republic of China (hereinafter referred to as the Administrative Litigation Law) and other relevant laws and regulations, and in light of the actual conditions of administrative adjudication, so as to accurately determine the facts of the case and to hear administrative cases in a fair and timely manner.

According to the provisions of the "Administrative Litigation Law of the People's Republic of China", where parties provide documentary evidence to the people's courts, they shall meet the following requirements:

1. The original, original and copy of documentary evidence shall be the original. If it is really difficult for the bureau to provide the original, it can provide a photocopy, **, and excerpt that is verified with the original;

2. Where a copy, photocopy or transcript of the original documentary evidence kept by the relevant department is provided, the source shall be indicated, and the seal shall be affixed after being verified by the department;

3. If you provide documentary evidence such as statements, drawings, accounting books, professional and technical information, and scientific and technological literature, you shall be accompanied by explanatory materials for Seepan;

4. Records of inquiries, statements, and conversations provided by the defendant on the basis of the specific administrative act being sued shall have the signatures or seals of the administrative law enforcement personnel, the person being questioned, the person making the statement, or the interlocutor.

Where laws, regulations, judicial interpretations, and rules have other provisions on the form of production of documentary evidence, follow those provisions.

Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation Article 31 of the Administrative Litigation Law provides witness testimony to the People's Court where a party provides witness testimony to a people's court, it shall meet the following requirements:

1) Clearly state the witness's name, age, gender, occupation, address, and other basic information;

2) Where there is a witness's signature, and where it is not possible to sign, it shall be proved by means such as affixing a seal;

3) Indicate the date of issuance;

4) Attach a copy of the resident ID card and other documents proving the identity of the witness.

Article 28: Where people's courts preserve evidence in accordance with article 36 of the Administrative Litigation Law, they may, on the basis of the specific circumstances, employ preservation measures such as sealing, seizing, photographing, recording or videotaping, reproducing, appraisals, inquests, and making records of interrogations.

When people's courts preserve evidence, they may require the parties or their litigants to be present.