On the issue of whether lawyers have the right to conduct their own investigation and collect eviden

It's a confusing question. What is correct is that the plaintiff and his lawyer have rights, while the defendant and his lawyer have their rights restricted. First, the defendant's power to collect evidence in administrative litigation, whether it is the defendant himself or his lawyer, is greatly restricted.

When China's administrative organs are defendants in administrative litigation, because they are in an advantageous position in the litigation, it is necessary to limit the time for them to collect evidence, that is, after the start of the litigation procedure, or even after the execution of a specific administrative act (for example, after the execution of a fine of 100 yuan), they are no longer allowed to collect evidence on their own. It can be imagined that with the current power of the administrative organs, if they are allowed to supplement the evidence after the commencement of the litigation or after the execution of the specific administrative acts, then the administrative organs will be able to eliminate the traces of their illegal acts, destroy evidence, and even use their dominant position to coerce and induce the relevant parties to cover up all procedural violations. Second, plaintiffs in administrative lawsuits and their lawyers are not subject to these restrictions.

Evidence may be collected normally in accordance with the provisions of law. There are cases where the law you quote is misquoted. Article 33 of the Administrative Litigation Law stipulates that:

In the course of litigation, the defendant is not allowed to collect evidence from the plaintiff and witnesses on his own. And did not say the plaintiff. Third, in fact, if you take a closer look at the interpretation of administrative litigation, you can find that the plaintiff actually has the right to collect evidence.

Article 27 of the Supreme People's Court's Interpretation on Several Issues Concerning the Enforcement of the Administrative Litigation Law of the People's Republic of China provides: "The plaintiff bears the burden of proof for the following matters: (1) proving that the lawsuit meets the statutory requirements, except where the defendant believes that the plaintiff's lawsuit has exceeded the time limit for filing a lawsuit; (2) In a case where the defendant is prosecuted for omission, prove the facts of his application; (3) In a joint administrative compensation lawsuit, prove the fact that the harm was caused by the infringement of the act being sued; (4) Other matters for which the plaintiff shall bear the burden of proof.

In addition, Article 29 provides: "In any of the following circumstances, the people's court has the right to collect evidence: (1) The plaintiff or a third party and its litigant have provided evidence and clues, but are unable to collect them on their own and apply to the people's court to collect them; (2) The parties should provide the original or the original item but are unable to do so.

The most obvious is the sentence "it is not possible to collect it on its own and applies to the people's court to obtain it", which shows that the plaintiff has this right under normal circumstances. Hopefully, hehe.

Because the administrative lawsuit is a civil lawsuit, the administrative organ should investigate the facts before making a punishment when making an administrative act, so they are not allowed to investigate the facts.

In administrative litigation, the evidence is submitted by the administrative agency, and the plaintiff, as a vulnerable group, does not need to bear the burden of proof.

Haha, exam questions...

The point of examination of this topic is not whether lawyers have the right to investigate and collect evidence on their own in administrative litigation, but whether administrative organs can still collect evidence to prove the legality of their specific administrative acts in the course of administrative litigation. In administrative litigation, the administrative organ can no longer collect evidence.