美国行政程序证据规则分析

美国行政程序证据规则独立于民事和刑事诉讼证据规则。1946年联邦行政程序法对行政程序证据规则作出原则规定,联邦法院一系列判例丰富和发展了行政程序证据规则。行政官员裁决案件不受联邦证据规则约束,不受传闻证据规则约束,但须符合实质证据规则的要求,受案卷排他原则约束。行政程序中提供证据是当事人的权利,也是当事人的责任,除法律另有规定外,任何证据都可接受。行政程序证明责任分配原则采用"谁主张谁举证"。

An Analysis of Rules of Evidence in US Administrative Proceedings

Rules of Evidence in US Administrative proceedings are separate from those of civil litigation or criminal proceedings.In the US Administrative Procedure Act 1946,the rules of evidence of administrative proceedings were laid down in principle,which are further enriched and improved by a series of federal court cases.While deciding a case,an executive adjudicator is not subject to federal rules of evidence nor is bound by hearsay rule.Rather,he/she must act within the bound of substantial rules of evidence and is subject to rules of exclusion.In administrative proceedings,a party is entitled as well as dutiful to produce evidence.In logic,any and all evidences are admissible unless otherwise provided by law.In terms of burden of proof in administrative proceedings,the principle that who that claims shall bear the burden is followed.