In administrative litigation, the materials as evidence mainly come from administrative procedures. After the evidence collected by the administrative organ in the administrative procedure to prove the legality of a specific administrative act enters the administrative proceedings, the court will examine the authenticity of the evidence, so as to finally confirm whether the specific administrative act is legal. In other words, the evidence in administrative litigation has the characteristics of duality or intersubjectivity. In the process of administrative reconsideration, the evidence used to prove the legality of the original specific administrative act is also the evidence that has been used in administrative procedures. It can be confirmed that the evidence of administrative litigation and administrative reconsideration are identical. Whether in litigation or in the process of reconsideration, it is nothing more than submitting the used evidence to the people's court or the reconsideration organ to judge whether this evidence can prove the legitimacy of the original specific administrative act.
(B) from the inherent nature of evidence to understand the reconsideration evidence
Evidence of administrative litigation and evidence of administrative reconsideration have legal effect. Both of them have the basic attributes of evidence, namely objectivity, relevance and legitimacy. The administrative affairs handled by administrative organs are largely technical law enforcement. Technical administrative affairs can only be proved by technical factual materials. At the same time, administrative affairs are not only technical, but also industrial. Because the industries managed by administrative departments are different, the evidence of administrative litigation and administrative reconsideration are obviously technical and industrial.
(3) Understanding the reconsideration evidence from the forms of evidence.
The Administrative Procedure Law clearly stipulates seven forms of legal evidence. Combined with the practice of administrative reconsideration in China, the evidence of administrative reconsideration is basically the same as that of administrative litigation.
(4) Understanding the reconsideration evidence from the burden of proof and the time limit of proof.
The burden of proof and the time limit for proof are clearly defined in administrative litigation. The defendant's burden of proof is the most important special evidence rule in administrative litigation, and the Administrative Reconsideration Law also has comprehensive provisions on it. It is basically the same as the administrative procedure law.
Legal basis: Law of the People's Republic of China on Administrative Reconsideration Article 3 The administrative organ that performs the duties of administrative reconsideration according to this Law is the administrative reconsideration organ. The institution in charge of legal affairs of the administrative reconsideration organ shall specifically handle administrative reconsideration matters and perform the following duties:
(1) Accepting applications for administrative reconsideration; (2) Investigating and collecting evidence from relevant organizations and personnel, and consulting documents and materials; (3) Examining whether the specific administrative act applying for administrative reconsideration is legal and appropriate, and drawing up administrative reconsideration decisions; (4) Handling or forwarding applications for examination of relevant provisions listed in Article 7 of this Law; (5) Proposing solutions to acts of administrative organs that violate the provisions of this Law in accordance with the prescribed authority and procedures; and (6) Handling matters of responding to administrative proceedings brought against administrative reconsideration decisions.