论诉讼中附属证据性行政行为问题的解决

诉讼中附属性行政行为问题是指具体行政行为在诉讼中作为证据如何审查判断其效力的问题 ,实质是其公定力与证据效力的关系问题。具体行政行为中认定的事实具有相对公定力 ,直接确定的法律关系具有绝对公定力。应当根据具体行政行为是否具有公定力、公定力的效力范围及具体行政行为所处状态 ,灵活适用行政诉讼制度和本案诉讼的证据审查规则确定其证据效力。

Solutions to the Accessory Administration issue in Litigation

The accessory administration issue in litigation concerns the question as to how to examine the effect of specific administrative act when it is used as evidence in administrative litigation. The essence of this issue is the relationship of legal force and evidential effect. The facts confirmed in the specific administrative act have relative force, while the legal relations confirmed directly have absolute force. The court shall decide whether the specific administrative act has force, the effective scope of force and the conditions of the specific administrative act with applying the system of administrative litigation and the rule of examining evidence flexibly.