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On The Burden Of Proof In The Administrative Procedure

Posted on:2008-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y H YangFull Text:PDF
GTID:2166360215987654Subject:Constitution of Administrative Law
Abstract/Summary:PDF Full Text Request
The steps and orders of administrative procedure should becarried out according to the evidence system. As the core.ofthe evidence system, highly attention should be paid to thetheory of the burden of proof, nevertheless, compared to theprosperous researching in the burden of proof in theadministrative proceedings, the research in that of theadministrative procedure remains stagnant. This willundoubtedly lead to the lacking of theory backing for thepublication of the Administrative Procedure Code. Afteradequately analyzing theory lacking of the burden of proof inthe current administrative procedure and doing textualresearch in the theory and practice of main foreign countries,with the current related regulation in administrativeprocedure in our country as its background, this paperinnovatedly replanted the theory from the famous Rosenderg'sTheory and assigned the specific burden of proof respectively.The paper conludes four parts. In the first part, comparisonis made between the two law system to demonstrate thesuperiority of whose set of the burden of proof that differedfrom the other due to proceedings model, thus it clarifies thefoundmental concept of the burden of proof and absorb the meritsfrom the two. Furthermore, it provoked the question thatwhether or not this delicate and abstruse theory can be utilizedto the area of administrative procedure. In the second part, after introducing in details about legislation and practice ofthe burden of proof in administrative procedure in the maincountries of the two law systems, comparison is made todemostrate which set of theory is more suitable for our country.The development of the burden of proof in our country is aprocess replanting and taking merits from that of foreigncountries. Due to the infertile legislative soil and themisunderstanding of the theory from foreign countries, therepellency accured constantly,confronting this problem, thepaper go in depth about the current situation and inferiorityin the theory of burden of proof in the administrative procedure,digging out the roots of the problem.the assigning of burdenof proof is the core of the theory of burden of proof,in theforth part, comparison is made to demonstrate the superiorityamong a host of theories and the Rosenderg's RegulativeTheory is innovatedly utilized in the specific assigning ofburden of proof in different administrative procedurerespectively.
Keywords/Search Tags:administrative procedure, burden of proof, Rosenderg's Theory
PDF Full Text Request
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