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行政复议和行政诉讼是保障行政相对人合法权益的主要渠道,是化解行政争议的有效机制。因此,行政复议与行政诉讼的有效衔接以及充分认识衔接过程中证据审查的效力,是有效提高二者作用与功能的关键所在,也是我国建设社会主义法治国家的基础保障。文章概括了行政复议和行政诉讼的共同属性,行政复议证据审查的现状和问题,对二者间证据审查衔接的必要性和具体问题进行了分析,并就行政复议证据制度的完善提出明确证据的证明力标准、确立第三人举证规则和建立证据交换制度等三项建议。
Administrative reconsideration and administrative litigation are the main channels for safeguarding the legitimate rights and interests of the counterparts in the administration and an effective mechanism for resolving administrative disputes. Therefore, the effective connection between administrative reconsideration and administrative litigation as well as the full understanding of the effectiveness of evidence review in the process of convergence are the keys to effectively enhancing the functions and functions of the two. They are also the basic guarantee for building a socialist country ruled by law. The article summarizes the common attributes of administrative reconsideration and administrative litigation, the status quo and problems of the review of evidence of administrative reconsideration, analyzes the necessity and specific problems of the linkup of evidence review, and provides clear evidence on the perfection of evidence system of administrative reconsideration The standard of proof, the establishment of third-person evidence-based rules and the establishment of evidence exchange system three recommendations.