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行政审判对具体行政行为事实审查的标准不是《行政诉讼法》第61条规定的“事实清楚”,而是第54条规定的“主要证据充分”,法院不应以自己对事实的判断代替行政机关对事实的认定。行政审判中的认证标准是法律,行政机关的“心证”不受法院审查。行政判决书中法院查明的事实不是引起争议的事实,而是行政执法程序等事实。
The standard of administrative adjudication on the actual examination of the specific administrative act is not “the facts are clear” as stipulated in Article 61 of the Administrative Procedure Law, but “the main evidence is sufficient” as provided in Article 54, and the court should not substitute its own judgment of fact for administrative Authorities to determine the facts. The certification standard in administrative trial is law, and the “heart certificate” of administrative organs is not subject to court examination. The facts ascertained by the courts in administrative judgments are not the ones that cause controversy but the fact that the law enforcement procedures are in place.