行政诉讼中作证性行政证明证据形式的认定研究

实践中的行政证明可划分为行政确认性行政证明和作证性行政证明两类。行政审判中将行政证明一概作为书证加以审查认定实质上是一种误区。行政主体作出行政证明的类别相异．其证据形式也应当区别对待。将作证性行政证明归入证人证言的证据形式是解除行政诉讼中作证性行政证明作为证据材料使用时面临困境的较好路径。

On Identifying Evidence Form of Administrative Certification as Evidence in Administrative Procedure.

There are two sorts of administrative certification in practice： Administrative certification as administrative confirmation and administrative certification as evidence. In fact, it is wrong to verify any administrative certifications as documentary evidence. The sorts of administrative certifications are different, so their evidence forms should be different as well. It is a good way to classify administrative certification as evidence into the testimony of witness to so as to eliminate the plight when it is used as material for evidence.