Studay On The Proof Of Administratial Compensation Litigation

The key of Rule by law and establishing socialism country is to fulfil law government,but the first condition of fulfil law government is that the government organ should to do everything by law .So whether the law of administive litigation,the last way of controling administive power and reliefing right,can complete fair and smooth,would directly affect the fulfil of law government .In fact,administratial litigation is the process of using evidence to find out the case fact and applicabling law .So we should study the proof of administive litigation.Administratial compensation litigation is one of administratial litigation.It is its main aim that settle the impair by the specific conduct of administive organ to opposite.its constitute,programme,object and law are different from civil and criminal procedure.Although it is similar to administratial litigation,there is a lot of different between them,particularly the core of proof of the litigation.Its type of evidence,object of persuation,standard of persuation and burden of persuation have itself trait,it can not applicable to civil and criminal procedure.In practice ,the justice of administratial compensation litigation case is always contradiction,so it is essential by modifing and improving administratial compensation litigation,proof and its relative law.It is the reason to study on the proof of administratial compensation litigation in my thesis,namely in the process of administratial compensation litigation,who raise evidence ,what type of evidence is accepted by law ,the type of proof,what would be proof ,the object of persuation,what consequence should be given by no or little evidence,as well as what degree to raise evidence can make the judge give a beneficial verdict,the standard of persuation,and then study on how to raise proof ,how to refute proof ,and how to decide the proof by judge and so on.On the end,study on how to improve the proof of administratial litigation and the content of improving.