Classified Study On Burden Of Proof Of Administrative Litigation

This thesis intends to enrich and specify current distributing rules of administrative litigation by adopting these two concepts including duty of persuasion and duty of going forward on the basis of certain classification, so that this thesis can provide administrative litigation cases with some concrete and practical references.This thesis is divided into three parts. First one is preface. Second one is the main part that is from first section to fourth section. And last one is epilogue.First part is preface.First section is general study on the burden of proof of the administrative litigation. It starts with the understanding of the burden of proof in China's institutional circle and the definition of burden of proof in China's administrative law and the judicial interpretation of the Supreme Court connected with this issue. Then it introduces this thesis' understandings on the burden of proof. Next part is the analysis on the complexity in the litigation the analysis on actuality and characteristic of distributing of burden of proof in China's administrative litigation. However , these distributing principles can'tmeet the demands of the administrative trial since they are very abstract and simple. Last part is discussion on defaults of these distributing principles. At last, a conclusion is made that our best choice is to adopt these two concepts to restructure the system of the burden of proof of the administrative litigation.Second section is about burden of going forward and burden of persuasion. This is one classification of burden of proof in the common law with two different levels. It goes with the signification of these two concepts and the function in the litigation. It will make the research of burden of proof delicate and profound. Second part sets forth the signification of adopting these two concepts theoretically and practically.Third section is the core of this thesis. In this part, concrete and delicate rules are shown on how to distribute the burden of proof in six kinds of administrative litigation cases by adopting the two concepts above. It discusses every type of cases by distinguishing different issues on the basis of adopting these two different concepts.In the fourth section, necessity and constrained rules of the people's court's investigation are emphasized which are often applied while distributing the burden of proof between the two parties. Firstly, it expounds the relationship between the people's court's investigation and the burden of proof of the administrative litigation. And then reasons of the people's court's investigation are analyzed. Finally, it is attached with some constrained rules of the people's court's investigation.Some suggestions are made in the epilogue to further the distributing rules of the burden of proof of the administrative litigation in China.