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《行政诉讼法》颁布施行后,各地水行政案件普遍增加,其中有些水行政案件,水行政主管部门败诉了,其原因主要有: 1、证据不足。一是没有收集任何证据;二是没有收集到足以认定违法事实存在的证据;三是证据未占明显优势,足以否定相对人的证据;四是不进行全面调查,忽视有利于相对人的证据;五是获取证据方式违法,如逼供;六是计算错误。
After the promulgation and implementation of the Administrative Procedure Law, water administration cases in various places generally increased. Some of the water administrative cases and water administrative departments have lost their cause. The reasons are: 1. There is not enough evidence. One is that no evidence has been collected; the other one is that there is no evidence collected enough to justify the existence of illegality; the third is that evidence does not have obvious advantages enough to deny the evidence of the relative; the fourth is that no comprehensive investigation is conducted and the evidence in favor of the relative is ignored; Fifth, illegal means of obtaining evidence, such as forced confession; Sixth, the calculation error.