A Study On The Proof Standard Of Administrative Litigation

Evidence is the core issue of the litigation, while the standard of proof is the soul of the evidence rule system. Without correctly finding the fact of the case, rules will not be implemented, no matter how perfectly they are designed. In litigations, the standard of proof will guide the direction of the proceedings and affect the function and operation of the entire litigation mechanism. Therefore, the research on standard of proof has substantial value for evidence rule. However, the standard of proof is a complex issue. In civil and criminal procedure, scholars have been working on standard of proof and have achieved many positive results, gradually built up a more uniform and reasonable theoretical system and practice standards, which played a significant role in improving civil and criminal litigation systems. Uniform Evidence Law studies in recent years the rise of interdisciplinary, it is the standard of proof for the system and deepen the theoretical basis for making a great contribution. In comparison, the current situation of Administrative Litigation prove embarrassing standards, academic standards for administrative proceedings to prove the research, thinking and reasoning are a bit hasty and thin, with findings essentially civil and criminal footsteps, is still at a preliminary stage, the number of relevant academic achievement is also very small. Most of the works discussed in the standard of proof, or even a civil standard of proof is incidental items and brief introduction. But there is no doubt that the standard of proof in administrative proceedings with their own unique background resources and unique property, whether it is from the basic nature of the purpose, values and target mode, or the basic principles and specific systems, etc., are exhibits huge difference standard of proof in civil and criminal litigation, it should also become a research focus on administrative litigation evidence system. Therefore, this standard of proof to the administrative proceedings as the core, from the summary, grooming, basic connotation of litigation to clarify the standard of proof in administrative proceedings starting, mainly in the form of comparative analysis, highlighting the administrative proceedings to prove the standard features, summarize and combing build prove administrative proceedings Standard considerations, and tries to build a standard system of administrative proceedings to prove the principle of forming the basis of this, the design flaws of its own way to overcome the path, but to explain its inherent logic.The first chapter in response to questions from the introduction of the start of proceedings to prove itself on the basis of the standard theory to reflect and summarize revelation. Litigation concerning the standard of proof for the current confusion and crisis, we believe that the fundamental reason is that the basic properties of the academic standards of the proceedings failed to prove that there is a clear, comprehensive and profound understanding. This paper argues that the intention of the design and the pursuit of a specific litigation completely objective standard of proof is actually the standard of proof for misunderstanding and unrealistic wishful thinking. Objectivity and subjectivity, flexibility and consistency, ambiguity and detectability unified standard of proof is the essential attribute of litigation; judge how free evaluation of evidence on the basis of objective evidence, and thus the formation of the judgment may be accepted, square the standard of proof for the formation of a true litigation process. Therefore, the standard of proof to admit and face litigation subjectivity, flexibility and ambiguity, to eliminate misunderstanding of subjectivism, free evaluation of evidence and fuzzy theory, to establish a scientific evaluation of evidence-forming system, the standard of proof is the basic theory of litigation way out lies. This chapter summarizes the current situation and also study the characteristics of the standard of proof in administrative proceedings. After the summary and reflection of China’s current administrative proceedings to prove the standard theory, legislation and practice situation, compared to Civil and Criminal Identification Standard features, focusing on administrative proceedings summarizes the characteristics of the standard of proof: values of diversity and dynamic; certainty and particularity prove the main object of the review; power allocation and review the form of hierarchy; highlight the diversity and flexibility characteristics; special relevance and supporting systems. These characteristics are the starting point of our study proved that the standard system of administrative litigation.The second chapter examines the two legal administrative proceedings(Judicial Review) standard of proof theory and practice, the standard of proof and the Two administrative proceedings were horizontal comparison. It is precisely because the two legal systems have obvious differences in the nature of the proceedings, value orientation, litigation mode, administrative procedures, the characteristics of administrative acts, related system, the unique legal and cultural traditions, etc., resulting in administrative proceedings are also two legal standard of proof showing different content and form of expression, but also in many aspects of today’s two legal systems have a tendency to show through the integration and. These extraterritorial experience will undoubtedly give us a lot of inspiration.Construction of the third chapter of the standard of proof in administrative litigation considerations. Administrative proceedings proof standard is worthy of special study, the reason for showing great and the standard of proof in civil and criminal litigation difference lies in the factors that determine or influence its particularity and complexity of features. The first is a special relationship between the executive and the Administrative Procedure Law of the substantive law, the standard of proof determines the administrative proceedings must be thinking beyond their own framework, administrative law, and the dynamic evolution of the basic theory of the development of administrative law determines the standard of proof is the process of administrative proceedings a dynamic development; the right to administrative and judicial checks and balances power relations determine the characteristics of administrative review proceedings, administrative proceedings and thus require the standard of proof should be to distinguish between legal issues and questions of fact, and taking into account the principle of judicial review of the legality of the review and the review of the reasonableness of the problem. Administrative procedures and administrative proceedings to prove the standard of proof standard is a natural blend of two mutually independent and system convergence between how science is a problem we have to consider. Secondly, the administrative proceedings own characteristics are also important factors to consider needs. The purpose and nature of the administrative proceedings is the starting point to build administrative proceedings to prove the standard, multi-system values determine its goals and direction; the diversity and flexibility of administrative action is a "standard" unique challenges faced by the system and the special administrative proceedings(including special burden distribution system, special exclusionary rule, the special rights of the parties to limit the freedom to dispose of the system, etc.) also determines the standard of proof in administrative proceedings within a particular run of space. Finally, this paper also proposed a litigation culture enormous impact the standard of proof for administrative proceedings, whether theoretical or research institution also build and run the way, we can not leave the moment the Chinese context.The fourth chapter of Administrative Litigation proof standard construction principles. Based on the above studies and considerations, the paper proposes to build the principles of administrative proceedings to prove the standard: unity based on pluralism, that the standard of proof in a wide range of administrative procedures on the basis of, and administrative proceedings to prove the scientific standards converge to form a unified standard of proof administrative litigation system. In the administrative proceeding, the paper advocates the diversification of proof should be set in accordance with the standard model of administrative behavior patterns. On the basis of administrative proceedings on the uniform application of the standard of proof in order to distinguish the legal issues and factual issues as a suitable starting point, taking into account the major review of the subject of administrative litigation-legal review, the Court of expertise in legal issues, law and other administrative needs factors that should be used for legal issues "beyond reasonable doubt" strict standards; taking into account the self Modesty and respect for the jurisdiction of the executive power; the nature of its review of administrative action, relative characteristics; economic efficiency, etc. advantage of the fact that the issue should be used with "clear and convincing" standard of proof. The last chapter also made for two typical cases prove the case litigation resolution standards.Chapter V of Administrative Litigation standard of proof to overcome their own limitations and paths. This paper argues that scientific and feasible administrative proceedings have been difficult to establish the reason why the standard of proof, that the intention of the legislator that alone gives it too "unbearable weight" of the task, to face their own lack of rationality, to put aside all unnecessary burden. The introduction of the system theory research, out of self-proof standard system barriers to the establishment of administrative litigation system thinking to prove a scientific standard institutional system, is to overcome the limitations of its own effective way. For example, the burden of proof system, the verdict grounds system, the standard of proof in case the guidance system, judicial system and other supporting systems presumption, and open trial system, evidence of the referee system, appeal and retrial, and the independence of the judiciary system and the Judge Selection System Link system, etc., etc.. Only these systems complement each other, complement each other to be able to make up for their shortcomings, to achieve "positive-sum game," the best results, litigation to prove they are not to be treated as a standard ideal of "Utopia."...