该文正是针对中国行政程序立法中需要解决的相关行政证据制度的若干问题进行了研究和论述.论文共分两部分.第一部分:概述,是总论.一方面,论文从概念入手,将行政证据定义为:指行政主体在行政执法程序中收集或由当事人及其他主体向行政机关提供的,经行政主体审查并据以认定与某一行政行为相关事实的事实和材料.另一方面,分析了行政证据在基本属性、证据种类、对证据的收集、调查和运用等方面和行政诉讼证据具有的同一性,以及在运用证据的职权性质及其主体、所处的法律程序、运用证据的目的、基本理念上和具体设计上等方面与行政诉讼证据的较大区别.第二部分:行政证据制度若干问题,是分论.首先,论文考察了诉讼证明制度的发展历史,结合有关行政诉讼法的理论和实践,综合各方面的因素,提出中国在行政程序中应当选择以法定证据制度下为原则,适当结合自由心证的证明模式.其次,论文将行政程序中的行政证据分为物证,书证,视听资料,言辞证据,鉴定结论,勘验、检查笔录和执法笔录等六种.第三,论文认为,举证责任属于证明责任的一部分,二者具有明显区别,在不同的行政执法程序中,证明责任和举证责任可以进行如下分配:依职权的行政行为由行政主体负完全的证明责任;依申请的行政行为,相对人对其主张负有举证责任,行政机关负有调查核实的证明责任;行政裁决的案件中,由当事人对自己的主张承担相应的举证责任,行政机关负责查证核实.第四,根据行政行为性质的不同,论文将行政程序的证明标准划分为以下多元化的标准:作出不利处分的行政行为适用排除合理怀疑标准:行政机关采取即时性强制措施适用有合理怀疑标准;对民事纠纷作出行政裁决行为适用优势盖然性证明标准;其它行政行为适用实质性证据标准.最后,论文对行政主体依职权在对行政证据的关联性、合法性和真实性进行审查判断时,通常采用的心证限制规则、案卷排他性规则和非法证据排除规则等进行了论述.关键词:行政证据 证据种类 证明责任 证明标准 证据审查判断AbstractEvidence System is the key of legal procedure. Administration evidenceand administration lawsuit evidence can not live without lither of them. However,it is on the contrary , during the built and development ofadministration lawsuit evidence rule system, that, at present, our countryhas no any administration process law code. A number of administrationactivities are lack of process rules, especially in the evidence rules. Recent years, learners have been trying their best to call on that ourcountry administration process lawsuit should be improved. Thus, it ismeaningful to do a deep and systematic study about the unavoided and keyproblem - administration process. On this essay ,did some study and described several problems of relatedadministration evidence System. The essay is divided into two parts .The first part is Summary. Thatis general introduction. On the one hand ,the essay starts with Summary and definite administration evidence offered and collected by the clients during the process of administration enforcing the law .They must be checked by the administration body to make sure that they have something with some administration actions; on the other hand it analyzes that administration evidence and administration lawsuit .evidence have something in common on basic qualities ,types of evidence, collection ,research and use. It also tells us they are quite different .for example ,the power characteristic and the body of evidence use ,the legal procedure ,the aim of evidence use,basictheories,and design .Besides,the writerthinksthat administration evidence system is a basic system which plays an important role in administration process law code ,at the same time ,administration evidence system has not attracted people is more attention .It is very weak in legislation practice ,lacking in systematic and detailed rules. It just made some decentralized and basic rules on types of administration evidences, investigation ,obtaining evidence ,administration ,requires of instruction and so on. Varieties of problems on administration evidence system is an aspect of the theory .First of all ,the paper analyzes the development of lawsuit evidence history ,links the theories and practice related to administration procedural law ,the paper raise the evidence model that our country should choose the principle under the legal evidence system, combining with all kinds of conditions .Secondly ,the paper divides the administration evidence of administration programmes into material evidence ,book evidence,video materials,words evidence ,judgment conclusion and survey,examination record, and lawsuit record .thirdly, the paper thinks that the proof responsibility is another aspect of the evidence responsibility,there is an obvious difference between these two responsibility can be dividedintodifferentresponsibilityaccordingtodifferent administrationlawenforcementprogrammes,suchastheevidence responsibility,taken by administration organ ,according to the power administrationbehavior;butpeople willholdtotaketheproof responsibility according to the application administration behavior, and the administration organ takes the evidence responsibility of research and correction ;while during the case of administration sentence, the client takes the related proof responsibility to his own views,and the administration body takes investigation and correction .Fourthly ,the paper divides the evidence standard of administration programs into the followingpluralisticstandards;theadministration behavior about unbenifit punish is suitable for elimination reasonable doubtful standard;the administration judgment behavior about civil dispute is suitable for the evidence standard of advantage probability; but other administration behaviors are fit for practical evidence standard. Finally, when the paper is taking examination and judgment to the connection ,legality and truth of administration evidence under the power of the administration organ ,it usually takes the limited rules of conscience proof ,the exclusive rules of case and the elimination rules of illegal evidence to have and the elimination rules of illegal evidence to have discussed .Key words: Administration evidence,Evidence varieties,Proof responsibilities, Proof standards,Evidence judgment