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On Evidence Of Administrative Lawsuit Of Administrative Contract

Posted on:2006-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:F M CaiFull Text:PDF
GTID:2166360182467370Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative contract is a very important issue in administrative law, but the research on this issue just begins. Although administrative contract has been recognized in theory and used to solve problems in practice, so far the relevant systems of administrative contract haven't been regulated in legislation and judicial interpretation and application of law about administrative contract does not exist. Cases of administrative contract are seldom reported in judicial practice. Under the international background and the developing trend of rule of law in China, it is urgent for China to set up the relevant systems of administrative contract and solve administrative and administrative litigation problems with contractual ideas. This thesis focuses on the evidence in the administrative litigation of administrative contract, which is of legislative and judicial significance and fills the gap in theory as well.This thesis consists of three chapters and explores the evidence in administrative litigation of administrative contract.Chapter one talks about the administrative contract and the evidence system of administrative litigation. Deciding the nature of the administrative contract dispute is the premise and basis of other related research. This chapter gives a brief introduction of the administrative contract and proves that the administrative litigation procedure should be the judicial remedy procedure of administrative contract. It analyses the conflict between the present administrative litigation modes and the administrative litigation of administrative contract.Chapter two discusses the evidence rules in administrative litigation of administrative contract. There are a lot of rules of evidence about administrative contract, but this thesis only analyzes the object of proof, documentary evidence and exchange of evidence in chamber, and the limitation of putting to the proof.Chapter three studies the establishment of the burden of proof and standard of proof. This part is the core of this thesis. The academia unanimously holds that the burden of proof is the "backbone" of litigation. The allocation of the burden of proof is a world puzzle. This chapter establishes the system of allocation from three aspects: the principle that dominates the allocation standard of burden of proof, the formal allocation standard of burden of proof, and detailed allocation of burden of proof. The standard of proof in administrative litigation or civil litigation should not be the only standard applied to the litigation of administrative contract. The type of administrative contract and the power of judicial discretion should also be considered in the establishment of the standard of proof in the litigation of administrative contract.
Keywords/Search Tags:administrative contract, administrative litigation, rule of evidence, burden of proof, standard of proof
PDF Full Text Request
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