On Standard Of Proof In Administrative Litigation

Proof institution is the lore of the system of litigation. Standard of proof is the kernel and soul of the proof institution. So the study about standard of proof plays an important role in the practice and theory. Standard of proof has a constructive significance in posing proof of principal. Judge has a conclusion of certificate confirm the fact of case according to the standard of proof. Standard of proof have an important effect on the complete of the system of judicature investigation as far as administrative litigation concerned.The article includes three chapters. The first chapter is written in order to explain the conception significance of standard of proof, and the difference of concerning conception. The first part of the first chapter confirms that the standard of proof should consist of two factors: objective and subjective, after the author analyses the concerning conception of the standard of proof. It is also one of the new ideas in the essay.The second part shows the significance of researching standard of proof from four respects: principal; judge; the specific system of litigation; cost of litigation. The third part discusses the relation between standard of proof, certification responsibility and certification objection, so that we can have a deep comprehension about the conception of standard of proof.In the second chapter, the author appraises the standard of proof inadministrative litigation of our country nowadays. The first part comes to a conclusion of our country's objective true standard of proof on the basis of analyzing lawful articles and the opinion of scholars. In the second part the author believes that the standard of proof has definite limitation, after the author considers the standard of proof from three factors: the essence of proof; the justice practice and theory of knowledge.The third chapter is the emphasis of the article. On the base of the second chapter, the author works out the plot of perfecting Chinese standard of proof in administrative litigation. Firstly in the chapter the author determines the factors considered during the course of the standard of proof in administrative litigation. Secondly the author constructs the theory ofstandard of proof in administrative litigation ------lawful truth and free proof.Thirdly, according to the quality of administrative litigation; proof responsibility of prosecutor and defendant, and the course of litigation; the author works out the concrete standard of proof in administrative litigation. It is said that the principle is the obvious advantage standard of proof and the reasonable suspicion. It is the second new idea and the conclusion in the article.The conclusion completes the concerning institution about standard of proof in administrative litigation, for example: improving the quality of judge; having reformation of litigation; adapting the regulation of proof; desalination of judge's responsibility of collecting the proof during the...