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Research On The Burden Of Proof In Administrative Litigation In China

Posted on:2010-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
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Administrative litigation,as independent lawsuit system ,sources from Middle Ages of Europe,formed in western developed country. To some extent ,it is foreign goods,but it is developing constantly to be mature. The burden of proof is the heart of the system of the rule of evidence,both important and complex,called as "the actual cross of the lawyer ".Taking the evidence quoting obligation in administrative lawsuit as the center point and administrative lawsuit idea as the master line ,the writer will inherit the thoughts of the theory of the burden of proof in adminitrative litigation .Theory should be guided to the practice and used for it .In concrete judicial practice,the system is not very perfect and so the writer want to discuss it here .When talk about the burden of proof in Administrative litigation system ,we have basic knowledge on its definition,nature,characteristics ,and also introduce the burden of proof in administrative litigation of the two law system,the Anglo_American law system and the Continental law system ,so we would have basic knowledge on this theory.We have a understanding on the burden of proof in Asministrative litigation as well as eyeing from the current status of it ,through law rules ,legal principle inside,and simply analysis ,so that it makes we have a true feeling about it and have a new idea on promoting and perfecting it.Distribution of the burden of proof in administrative litigation is the core of the administrative litigation system. It is necessary to think over many aspects during the process,for instance the aim,pattern,ability. It is necessary to envelope the principles of fair and balance and convinent .In actual judicial practice ,it is difficult for one party to shoulder the burden of proof by oneself in all litigation procedure because of variant and complex administrative cases, it is transferred from time to time accompany with the development of the cases.Therefore,simply analyzed on the transference of the burden of proof in administrative litigation,eyed from the aim of administrative litigation, and from actual status of plaintiff and defendant ,also stressed on the transference of evidential burden in the litigation of administrative compensation, including with simply analysis of the theory and possibilitity on the transference of the burden of proof in administrative litigation ,then we would have brand- new thoughts and ideas about it. One system lies through its value. The writer reviews the burden of proof in administrative litigation from its thoughts and ideas and function,and one method of value balancing on the distribution of evidential burden in administrative litigation, inculding the development of rule by law affect each other. It refelects its value from different aspects. Value balancing, one way of thinking ,one methods of thinking,is used all common,not only in administrative litigation but also in difficult or complicated cases,secrectly signifies and supports its rationalization of the rule of evidence.The advancement of legislative process is one that enhances the perfect process unceasingly. With the development of the theory and judicial practice,the regulation for the rule of evidence will be more full of rational and systmatic.Therefore,the writer want to tell about few unmature suggestions on how to perfect the rules of the burden of proof in admininstrative litigation both in our legislation and practice. for instance the rules of the burden of proof should be "who propose who shoulder " ;the distribution of the burden of proof should be diversity ;it is better to guide and lead the plaintiff how to take the burden of proof and reasonally shoulder the part of the burden of proof ;as for few rules on the burden of proof of the third person ,the legislature should supplement and perfect the burden of proof ;the legal time limit is also very important and is necessary to be being perfected,and also rule the legal responsibility for it ;as for the investigation by the judges,it couldn't be ignored ,and should be regulated and perfected.
Keywords/Search Tags:Administrative Litigation, the Burden of Proof, Value, Perfect
PDF Full Text Request
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