浅析行政处罚证据规则

为提高依法行政的水平,对行政处罚证据规则中的行政处罚证明责任、取证规则、认证规则及推定和自认等进行了探讨,对于行政处罚具体实施有一定的参考价值。

Discussion on Evidence Rules of Administrative Punishment

The key of the rule of law is exercising administrative powers in accordance with the law. As a behavior of depriving rights, administrative punishment plays a vital role in exercising administrative powers in accordance with the law, and the correct application of evidence regulation in administrative punishment is the core of legitimate executing administrative punishment. At present, although research about the principles of administrative procedure has become a hotspot in academic circle, people pay little attention on rules of evidence regulation. Therefore, to some extent, it stays the process of exercising administrative powers in accordance with the law. Here, the burden of proof, acquiring and ascertaining evidence, and deducing and self-verification were studied. It would play an important role in directing the actual process of administrative punishment.