Administrative Defendants In The Burden Of Proof

The core question of burden of proof system is burden assignment, present fundamental research indicated the assignment to be supposed to pay more attention to the substantive standard, what's more, the burden of proof of administrative proceedings considers the substantive factor especially. In administrative proceedings, the core question proved lies in which is the validity of administrative action, and litigant bears burden of proof has the important decision to the legal procedure and the lawsuit result. The defendant prove validity of the administrative action, which is decided by the administrative proceedings maintenance rights of administration relative person, the superiority ability of defendant presents evidence, the illegal estimation principle of administrative action and the administrative proceedings development, simultaneously also is the tendency request about burden assignment of proof all over the world.However, the validity of administrative action not means the complete object, which contains different concrete constitution in the different cases, therefore, it is necessary to clear about the concrete scope of burden of proof that the defendant bears in the administrative proceedings. According to the difference of actions, administrative proceedings may be divided into doing administrative proceedings, no-doing administrative proceedings and administrative compensation proceedings. In doing administrative proceedings, the prove scope of defendant mainly include the foundation fact and the legal basis. In no-doing administrative proceedings, the defendant primary prove the administrative action have no illegal components. In administrative compensation proceedings, the defendant primary prove the administrative action do not have the components of administrative compensation responsibility. But in all proceedings, if the defendant propose the plaintiff surpasses sues deadline, all should present evidence for the advocate. It can be said that, the defendant bears burden of proof is one the principle of administrative proceedings, which has the exception, the defendant do not undertake to prove the following specific item: (1)the item that undertakes by the plaintiff;(2)pre-definitely item; (3) administrative cognition item; (4) effective notarizative item.In administrative proceedings, the defendant presents evidence observes rules, elimination evidence of outside the record, time limit and the rule of makes up evidence. The rule of elimination evidence of outside the record also called the record principle, which origin on the administrative procedure record exclusive principle, has the positive sense in the administrative proceedings. But this rule cannot be extreme, it is necessary to allowed the defendant to provide evidence outside the record in the peculiar circumstance. The peculiar circumstance include: the force majeure causes the record not to be able to provide; administrative action is not strict procedure behavior; the item that can make up evidence. The time limit is about presents evidence in the time the standard, which purpose lies in enhances the lawsuit efficiency. But time limit possibly cause the lawsuit to loses objectively fair, so allows the defendant present evidence after deadline in the exceptional case. The rule of makes up the evidence is a unique rule in administrative proceedings, which have positive roles on overcomes the flaw of the rules of elimination evidence of outside the record and time limit.The legislation definitely the defendant may presents evidence in two cases: The first, the evidence of administrative action can not be provided because of the force majeure; The second, in the lawsuit process, the plaintiff or the third person proposed reason or evidence which had not been proposed in the administrative process. Moreover,the scope of evidence make up need to expanse. Certainly,the defendant makes up evidence is not willfully, the defendant applies makes up evidence should undertake to prove the correlative item.New evidence is stipulated to wrong or the inaccurate referee's correction, regarding enhances referee's objective fair degree, defends rights of litigant, promotion legally administration. In administrative proceedings, can not deny the defendant to be possible to provide the new evidence. The defendant may advocate new evidence in two cases: The first, in the first trial procedure the evidence must permit extense provides but has not been allowed to permit; The second, in the first trial procedure the evidence that litigant transfer legally takes has not been allowed to permit or not to obtain, the court takes in the second trial procedure. Therefore, the defendant advocated new evidence needs undertake presents evidence to prove he or she had proposed the extension production of evidence application or proposed the accent takes the evidence the application in the first trialprocedure. What's more, the defendant advocate new evidence should observes limit of the time and court level.In our country, administrative proceedings legislation had stipulated basically the defendant burden of proof, the scope of proof and the rule of presents evidence, but legislates too be principle, causes the accurate assurance in the practice, and the administrative dispute not to be solved smoothly and reasonably. Therefore, while affirmed the defendant undertakes the burden of proof, clear about the burden scope and rule of present evidence, regarding the consummation administrative proceedings legislation, guarants the administrative proceedings system, protects the administrative relative person rights and the promotion legally administration, has positive and profound significance.