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“证明防碍”大量存在于行政诉讼中,极大的损害了程序的公平与实质正义,亟待对其予以规制。行政诉讼证明妨碍具有独立于民事诉讼的特性,对其概念及构成要件的分析有利于对证明妨碍行为的正确认定。行政诉讼证明妨碍的要件构成分为主体要件、主观要件、客体要件与客观要件。针对对证明妨碍规制的立法粗糙、司法解释操作性差的法律现状,我国行政诉讼有必要通过充实证明妨碍行为情形、公法制裁与私法制裁相结合、公平正义下的自由裁量及赋以受制裁妨碍人的救济保障等四个方面加强对证明妨碍行为的规制。
“Proof of hinder ” exists in a large number in administrative litigation, which greatly undermines the fairness and substantive justice of the procedure and urgently needs to be regulated. Administrative litigation proves to be impeded from being independent of civil litigation. The analysis of its conceptions and constitutional elements is conducive to the correct identification of the impeding act. The elements of the obstruction of administrative proceedings proved to be divided into the main elements, subjective elements, objective elements and objective elements. In view of the legal status of the law that obstructs the regulation is rough and the judicial operation of the law is poor, it is necessary for the administrative litigation in our country to prove that the act of obstruction, the combination of the public law sanctions and the private law sanctions, the discretion under the fairness and justice, Relief and other four aspects of strengthening the proof of obstruction of the regulation.