The Development Of Administrative Proceedings The Burden Of Proof Test

From the existing legal provisions and judicial practice, China's administrative proceedings based on the specific administrative acts of the defendant to review the legality of the proceedings at the core.The legitimacy of the administrative review proceedings,it is important to review the contents of that specific administrative acts of the defendant made when the found the basis of the facts and evidence.Activities in the administration,that is, the executive managers of administrative proceedings in the defendant's position,relative,or administrative proceedings by the plaintiff in the position of manager, the defendant made a specific administrative act without the consent of the relative,in strict accordance with the will of its own making.Thus,the respondent judge in accordance with its own unilateral administrative actions to the specific claim is that the plaintiff against the defendant refused to accept the specific administrative act, the defendant is actually against the idea.It is based on this understanding,China's administrative proceedings established legal norms of the shared burden of proof rules: for the specific administrative acts being sued by the defendant bear the burden of proof,for the specific administrative act other than to prove the basis of the specific circumstances of the object by the plaintiff or the defendant bear the burden of proof,respectively. Administrative proceedings the burden of proof in administrative litigation system is an important aspect of evidence system,but also administrative proceedings theory and practice of administrative proceedings a very important and complex issue.The implementation of the Administrative Procedure Law from the past 30 years,the Administrative Procedure Law of the burden of proof established by the system has a positive meaning.It protects the legitimate interests of the plaintiff,but also conducive to the executive administration according to law,so a more proactive and comprehensive judicial supervision of the executive."The development of administrative proceedings the burden of proof test," a text,aimed at administrative proceedings in China by studying the history of development of the burden of proof,burden of proof in administrative proceedings to explore the lack of development.