On Standards Of Proof Of Administrative Proceedings

With the entry of China into WTO and implementation of the strategy of ruling the country by law, the status and roles of administrative trial become more and more prominent and the tasks also become more arduous. Evidence has been regarded as the backbone of proceedings and the reliable foundation stone of proceeding building in the legal sector. However, the reality is that there are only six provisions on evidence in the Administrative Procedure Law of the People's Republic of China, which is difficult to be applied in the trial practice. In order to adapt to the demand of judicial practice, the Supreme People's Court has promulgated the Explanations to Problems of Carrying out the Administrative Procedure Law of the People's Republic of China of the Supreme People's Court and the Provisions on Problems of Administrative Proceeding Evidence. Although these judicial explanations give detailed provisions on the administrative proceeding evidence, the provisions on standards of proof are not made clear, which brings about the inconsistence with practical actions and influences the power of law. For many years, there are fewer theoretical studies and conclusion of practical experience of evidence standards of proof compared to other problems.In this paper, started from the meaning of standards of proof, the foreign standards of proof are investigated and it is thought that a multi-level administrative proceeding standard of proof should be established to meet the demand of judicial practice according to the features of the administrative proceeding standards of proof. The paper is divided into four parts. Part 1 deals with the meaning and roles of proceeding standard of proof. Part 2 is the investigation of standards of proof of two legal systems. Part 3 are the defects and disadvantages of the provisions on standards of proof in the current law of our country. Part 4 are the basic ideas of establishing the administrative proceeding standards of proof of our country.In the Introduction, the important roles of administrative proceeding standards of proof are presented, from which the topics are introduced. It should be explained that the standard of proof is one of the important...