论具体行政行为作为民事诉讼证据

确认性行政行为和许可性行政行为等具体行政行为往往成为民事诉讼的重要证据,司法实践中对它们的处理方法各不相同,各有缺陷。民事诉讼和行政诉讼对具体行政行为的审查必须有所区别,具体行政行为作为证据在民事案件中出现,它的性质只能是民事证据,对它的审查也只能按照民事证据的规则进行。

On Specific Administrative Act as Evidence in Civil Proceedings

Specific administrative act such as declaratory act and administrative license act usually play an important role as evidence in civil proceedings. In practice, there are several ways to deal with this situation, with respective defects. Actually, differences in the judicial review of both administrative litigations and civil proceedings should be recognized. When a specific administrative act functions in civil proceedings as a piece of evidence, it can only be reviewed by civil rules.