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What are the types of administrative procedure evidence?
What are the types of evidence and documentary evidence in administrative procedures? Documentary evidence is a written material to prove the facts of a case by the ideological content expressed by words, symbols and patterns. It can be divided into originals, originals, photocopies, notebooks, photocopies and translations. Such as facade lease contract, pre-approval and document approval, business license, etc. All belong to the category of documentary evidence. In the process of collecting documentary evidence, we should pay attention to the following problems: first, try to provide the original, and if it is really difficult to provide the original, we can provide copies, photos and excerpts verified with the original; Second, if a copy, photocopy or transcript of the original documentary evidence kept by the relevant department is provided, the source shall be indicated and stamped after verification by the department; Third, statements, drawings, accounting books and other documentary evidence should be accompanied by explanatory materials. Physical evidence. Physical evidence generally refers to all material forms as evidence of existence and performance. For example, in the case of administrative punishment for trademark infringement, trademark marks, goods marked with trademark marks and packaging are all material evidence. Audio-visual materials. Refers to materials that use information reflected by audio recording, video recording or other means to prove the facts of a case by means of audio recording, video recording and computer storage. If the industrial and commercial department illegally changes the video of the main registered items without authorization. For audio-visual materials, there are the following requirements: First, try to provide the original carrier of relevant materials. If it is really difficult to provide the original carrier, a copy can be provided; The second is to indicate the production method, production time, producer and certification object; Third, audio data should be accompanied by a written record of audio content. Eyewitness testimony. Witness testimony is a statement made to administrative organs or organizations by people who know about administrative violations, and it is a common form of evidence in administrative punishment. The witness testimony evidence has the following requirements: First, the basic information such as the name, age, gender, occupation and address of the witness should be stated; Second, there is a witness's signature, and if it cannot be signed, it will be proved by stamping; The third is to indicate the date of issue; The fourth is a copy of the identity certificate such as the resident ID card. The statement of the parties. The statements of the parties in administrative punishment cases mainly refer to the statements of the administrative violators, including the statements, defenses and excuses made by the parties in the hearing procedure. The true statement can be used as direct evidence to identify the case. Listen carefully to the statements and excuses of the actor, avoid listening to only one side of the story, and pay attention to examining whether the statements and excuses of the actor are consistent and reasonable with other evidence. If the statement of the parties takes the form of inquiry, statement or conversation record, it shall be signed or sealed by the administrative law enforcement personnel, the respondent, the statement and the statement. Appraisal conclusion. Expert conclusion refers to a written conclusion made by entrusting or hiring a person or institution with specialized knowledge to identify some specialized issues in a case. For example, monitoring reports. The evidence of the appraisal conclusion has the following requirements: stating the client and the matters entrusted for appraisal, the relevant materials submitted to the appraisal department, the basis of appraisal and the scientific and technological means adopted, the description of the qualifications of the appraisal department and the appraiser, the signature of the appraiser and the seal of the appraisal department. The evaluation conclusion obtained from the analysis should explain the analysis process. Records of inspection and on-site records. The record of inquest refers to the record made by administrative law enforcement personnel to prove the case after investigating and inspecting the scene of administrative illegal cases and the physical evidence that is inconvenient to move. The transcripts of the inquest reflect mostly objective conditions, which are generally carried out after the incident. For example, during maternity leave, the fake and shoddy goods are photographed at the scene, and the results are recorded in the form of words, forms, pictures and data. The evidence of administrative procedure has a certain legal basis, and certain binding significance should be considered in the process of solving problems. Therefore, even if the related problems cannot be solved reasonably, in real life, the collection and collation of evidence has a positive effect on safeguarding rights and interests, and the law has clear provisions.