What are the rules of evidence for administrative punishments?

There is a high degree of probability, and the burden of proof is borne by the administrative organ.

The rules for collecting evidence in administrative punishment procedures refer to a code of conduct for administrative entities to discover, extract, and fix evidence in accordance with legal procedures and methods in order to ascertain the facts of a case. The time limit for an administrative entity to collect evidence in administrative punishment procedures is before the administrative act is taken, and evidence collected on its own after the administrative act is made cannot be used as the lawful basis for the administrative act. This is not limited to the provision of evidence by the administrative counterpart and interested parties.

The attributes of statutory evidence are mainly manifested in the authenticity, relevance and legitimacy of the evidence. Under the circumstance that the authenticity and relevance of the evidence are in accordance with the provisions of the law, its form of defense and ** must also meet the statutory requirements before it can be used as the basis for a verdict. Therefore, strengthening the knowledge and understanding of the formal elements of evidence is not only conducive to standardizing the conduct of evidence collection, but also conducive to improving the level of hearing and certification.

Legal basis: Administrative Punishment Law of the People's Republic of China

Article 46: Evidence includes:

1) Documentary evidence; 2) physical evidence;

3) audio-visual materials;

4) electronic data;

5) Witness testimony;

6) the statements of the parties;

7) Appraisal opinions;

8) Inquest records and on-site records.

The evidence must be verified to be true before it can be used as the basis for determining the facts of the case.

Evidence obtained by illegal means must not be the basis for determining the facts of the case.

Article 47: Administrative organs shall, in accordance with law, record the entire process of initiating, investigating, collecting evidence, reviewing, deciding, serving, enforcement, and so forth, in text, audio, video, and other means, and archive and store them.

The evidence of the Administrative Punishment Law includes the following:

1. Documentary evidence. Documentary evidence is written materials that prove the facts of a case by the ideological content expressed in the words, symbols, patterns, etc., and can be divided into originals, originals, copies, record copies, photocopies, and translations;

2. Physical evidence. Physical evidence generally refers to evidence in the form of existence and expression in all physical forms. For example, in trademark infringement administrative penalty cases, the trademark logo, the goods marked with the trademark logo, and the packaging are all physical evidence;

3. Audio-visual materials. refers to materials that use audio, video, computer storage or other information to prove the facts of a case by means of audio, video, computer storage, or other means. For example, the industrial and commercial department has illegally changed the video of the main registration items;

4. Witness testimony. Witness testimony is a statement made orally or in writing to an administrative organ or organization by a person who understands an administrative violation, and is a relatively common form of evidence used in administrative punishment;

5. Statements of the parties. The statements of the parties in administrative punishment cases mainly refer to the statements of the administrative violators, including the statements, defenses, and defenses made by the parties in the hearing procedures.

Legal basis: Administrative Punishment Law of the People's Republic of China

Article 46: Evidence includes:

1) Documentary evidence; 2) physical evidence;

3) Listen to the information;

4) electronic data;

5) Witness testimony;

6) the statements of the parties;

7) Appraisal opinions;

8) Inquest records and on-site records.

Evidence must be verified to be true before it can be used as the basis for determining the facts of the case.

Evidence obtained by illegal means must not be the basis for determining the facts of the case. Article 48: Administrative punishment decisions that have a certain social impact shall be disclosed in accordance with law.

Where a public administrative punishment decision is changed, revoked, confirmed to be unlawful, or confirmed to be invalid in accordance with law, the administrative organ shall withdraw the information on the administrative punishment decision within 3 days and publicly explain the reasons. Article 40: Where citizens, legal persons, or other organizations violate the order of administrative management and shall be given administrative punishments in accordance with law, the administrative organs must ascertain the facts; Where the facts of the violation are unclear or the evidence is insufficient, administrative punishments must not be given. Article 41: Where administrative organs use electronic technical monitoring equipment to collect or fix illegal facts in accordance with laws and administrative regulations, they shall go through legal and technical review to ensure that the electronic technical monitoring equipment meets standards, is reasonably set up, and is clearly marked, and the location of the installation shall be announced to the public.

Electronic technical monitoring equipment shall record the facts of the violation truthfully, clearly, completely, and accurately. Administrative organs shall review whether the content of the record meets the requirements; Where it has not been reviewed or does not meet the requirements after review, it must not be used as evidence for administrative punishment.

Administrative organs shall promptly inform the parties of the facts of the violation, and employ information methods or other measures to facilitate the parties' inquiries, statements, and defenses. The parties' right to make a statement or defense must not be restricted or indirectly restricted.

1. In the rules of proof, the general rule can be summarized as who asserts and who presents evidence.

2. The main content of this part of the rules for evidence collection is the rules that should be followed by the courts and administrative organs in the process of evidence collection. The investigation and collection of evidence by the people's courts is a supplementary type of investigation and evidence collection, and the investigation and collection of evidence by administrative organs should be comprehensive, objective, and impartial.

3. The rules of cross-examination are the fundamental guarantee for the court to analyze, judge, and remove the false and retain the true, and the evidence that has not been cross-examined by the court cannot be used as the basis for the people's court's judgment, and the cross-examination should be under the auspices of the judge, and the parties participating in the litigation shall fully cross-examine and refute the evidence.

4. The certification rules focus on the rules of objectivity, relevance, legality, the rules of the use of transmitted evidence and the rules of indirect evidence in the certification process.

1. What evidence is most effective.

Direct evidence is most effective. Evidence includes both direct and circumstantial evidence. Evidence refers to the basis for determining the facts of a case in accordance with the procedural rules.

Evidence is of great significance for the parties to carry out litigation activities, protect their legitimate rights and interests, and for the court to ascertain the facts of the case and make correct judgments in accordance with the law. The issue of evidence is the core issue of litigation, and in the trial process of any case, it is necessary to reproduce and restore the original face of the incident through evidence and the chain of evidence formed by evidence, and make a judgment based on sufficient evidence in order to be a fair adjudication model.

2. Evidence format requirements.

can show the evidence of the three sexes.

First, objective truthfulness, which means that the litigation evidence must be objective facts that can prove that the case is true and does not depend on subjective consciousness. Second, the relevance of evidence, which means that the facts used as evidence are not only an objective existence. Third, the legitimacy of the evidence.

Evidence refers to the basis for determining the facts of a case in accordance with the procedural rules. Evidence is of great significance for the parties to carry out litigation activities, protect their legitimate rights and interests, and for the court to ascertain the facts of the case and make correct judgments in accordance with the law. The issue of evidence is the core issue of litigation, and in the trial process of any case, it is necessary to reproduce and restore the original face of the incident through evidence and the chain of evidence formed by evidence, so that a judgment made on the basis of sufficient evidence can be a fair judgment.

Article 101 of the Administrative Litigation Law, the people's auction and demolition of the court to hear administrative cases, regarding the time limit, service, property preservation, trial, mediation, suspension of litigation, termination of litigation, summary procedures;

Where this Law does not have provisions on enforcement, as well as the people's procuratorate's supervision of the acceptance, trial, adjudication, and enforcement of administrative cases, the relevant provisions of the "Civil Procedure Law of the People's Republic of China" apply.

The types of evidence in administrative punishment cases in our country include documentary evidence; Evidence; audiovisual materials; electronic data; witness testimony; statements of the parties; Appraisal opinions; Inquest transcripts and on-site transcripts. The parties shall collect evidence in accordance with the law.

Article 33 of the Administrative Litigation Law of the People's Republic of China includes: (1) documentary evidence; 2) physical evidence; (3) Audio-visual materials; 4) electronic data; 5) Witness testimony; 6) the statements of the parties; 7) Appraisal opinions; 8) Inquest records and on-site records. Only after the court examines that the above evidence is true can it be used as the basis for determining the facts of the case.

Article 34 of the Administrative Litigation Law of the People's Republic of China: The defendant bears the burden of proof for the administrative act taken, and shall provide evidence of the administrative act and the normative documents on which it is based. Where the defendant does not provide evidence or fails to provide evidence within the time limit without a legitimate reason, it is deemed that there is no corresponding evidence. However, the administrative act being sued involves the lawful rights and interests of a third party, except where the third party provides evidence.

Article 35 of the Administrative Litigation Law of the People's Republic of China on Hu Shounu In the course of litigation, the defendant and its litigants must not collect evidence from the plaintiff, third parties and witnesses on their own.