A Study On Several Issues Concerning Burden Of Proof Of Administrative Action

Evidential burden of administrative action is an important theoretical and practical question for study. In western countries where administrative action or judicial review are comparatively mature, there is no definite stipulation to the burden of proof of administrative action in written law, it is the principle of action " the one who asserts bears the burden of proof" that dominates the operation of act of proof and litigation procedure of civil, criminal and administrative action which are ever-changing. Administrative litigation system of China that draw lessons from western developed countries, but in the matter of regulating evidential burden, we don't imitate them. Administrative procedure law and the interpretation of law of the Supreme Court specified the system of evidential burden of administrative action with Chinese characteristics. Anyhow, the trial practice in the passed 10 or more years proved that our country's system of evidential burden of administrative action still needs to perfect in many aspects. As a judge having worked for more than 10 years in the trial field of administrative law, the author has deeply realized the great directive significance of the legislation and research in burden of proof of administrative action, thus played great intention to the study of this problem launched by both the circles of theory in home and abroad. Besides, the author has accumulated the materials in the trial practice, and puts forward some own ideas after compare and study. This article expounds the burden of proof from 3 aspects: the general principal of evidential burden of administrative action, the allocation of burden of evidential burden and the time limit of burden of producing evidence. It introduces some related western theories concerning evidential burden, analyzes and evaluates the good points and short-comings of our country's evidential burden ofadministrative action and points out the theories of western countries and referential significance of our country's evidential burden theory of criminal action and civil action to administrative action, at the same time, the author points out the significance of theoretical research and perfect of legislation to the trial practice of administrative law. The author puts forward the own ideas on this basis.