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Sharing The Burden Of Proof On Administrative Litigation

Posted on:2005-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:S F HuFull Text:PDF
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Sharing the burden of proof is the important contents in evidence law. There is a common phenomenon.The character of administrative litigation different from civil procedure and criminal procedure is that the burden of proof rests on the defendant in administrative litigation.But this kind of phenomenon oneself can't explain the theories foundation deciding this kind of phenomenon, and also can't explain the reason that the plaintiff undertakes the burden of proof in practice.In my opinion,the basic reason to establish the burden of proof system is that the court need it to decide the case when the fact of case can't be found out.But even in the case, according to the procedure justice principle,the fact of case is the target that is still pursued by court.So it's the Problem-solving way of thinking :firstly, the party concerned should put forward the claim about the fact of case,then,investigate the clicents' ability of adducing evidence. Acorrding to the analysis of theories of sharing the burden of proof and the facts that will be proved,this article puts forward a system of stardard of sharing the burden of proof:the commom stardard is "the one claims,the one adduces proof;the special stardard will clear and definite clicents' ability of adducing evidence correspondent to different fact of case.The full text is divided into four parts: Charpter one is about the basis theory of the burden of proof and its sharing,including their concept character and the different theoretical opinion,and in order to form the basis cognition; Charpter two is about the general theory of sharing the burden of proof on administrative litigation. According to the analysis and comparison of theories of sharing the burden of proof on administrative litigation,it finds out the scientific way of researching the stardard of sharing the burden of proof on administrative litigation and the stardard system of defmiting the sharing the burden of proof; Charpter three is about the legislative investigation that evaluates the concerning rules within related law documents in our country; Charpter four makes facts that will be proved in litigation are distincted according to researching necessity ,and analyses a few situations of sharing the burden of proof according to stardard system in this article.
Keywords/Search Tags:administrative litigation, the burden of proof, stardard of sharing
PDF Full Text Request
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