Research Of The Standard Of Proof In Administrative

The standard of proof is a standard that measures whether the corpus' activities attain the demand of proof or not .The standard of proof has chariots as below: invisible, legality, misty, lowest and so on. Moreover, the standard of proof in administrative litigation has still its special chariots: vivid, middle, etc. The standard of proof and the object of proof decide direction and target of the proof activity .The object of proof in administrative litigation contents the fact that is relevant with the legitimacy and rationality of specific administrative act including the entity fact and the procedural fact. The administrative litigation regards" truth in the law" as the standard of proof formally establish in judicatory explaining in our country. To establish the standard of proof in administrative litigation, we should definitely consider the reason at first. The author thinks that the factors should be considered as follows: 1,the maneuverability,2,the standard of proof in administrative litigation should go with the purpose of entity law and the principle administrative legitimacy,3,the standard of proof in administrative litigation should be established from the angle of view that judge ,4,the standard of proof in administrative litigation should be divided according to the affection of human rights caused by specific administrative act,5,and we should consider the litigation cost and guarantee litigation efficiency when settling the standard of proof in administrative litigation. In the author's opinion, we should adopt the dualism to set up the standard of proof in administrative litigation: 1, the standard of excluding reasonable doubts.2, Standard of advantage proof .It is in bar of to abusing the discretional evaluation of evidence, guaranteeing the realization of the standard of proof, we need ask for help to establishing a series of procedure: 1, the panel discussion sanctions judges.2, trial to open.3, The system of reason judge .4, Appeal to higher court. 5, The system the of solution case of mistakes.