Research On The Standard Of Proof In Admlinistrative Litigation

Standard of proof has been evidence of law, litigation law in a very important object of study .It not only theories and principles related to litigation, but also closely related to the litigation practice, has great significance. Standard of proof is the core of the theory, the soul of the system of evidence is to guide the activities like a light .what is the concept of Administrative proceedings standard of proof. In the administrative proceedings, the person who Bear the main burden of proof use the evidence to prove the main office reach the statutory requirements, referee Judge Administrative action is right or not. Standard of proof for administrative proceedings can play a guiding role to administrative litigants and convinced the judge to form a correct inner.In this paper, an overview of the executive standard of proof to begin discussion. Full-text not only for our country's administrative litigation standard of proof are analyzed, also on foreign standard of proof to compare administrative proceedings. Administrative proceeding to prove by foreign standards reference and take into account China's current administrative litigation specific to the properties to establish a diversified, multi-level system of administrative proceedings to prove. This article is divided into four parts of the body: The first part of the parper is the standard of proof and its related administrative proceedings outlined in the concept as well as on administrative litigation to prove our standard list of points of view; The second part of the parper is the standard of proof is analyzed Two Schools of reference, mainly for common law countries, standard of proof in administrative proceedings and civil law standard of proof the State's administrative proceedings were introduced separately, and the analysis based on the reference; The third part of the parper is Standard of Proof of China's Administrative Litigation status quo analysis is mainly to its relevant laws and regulations, as well as existing problems discussed. The fouth part of the parper is standard of proof of China's Administrative Litigation perfect for this point of view the proposed administrative proceedings to prove the need to consider aspects of the standard, and the establishment of pluralistic, multi-level standard of proof in administrative proceedings. The real objective truth and the law combined.Article from the beginning introduction, mainly for administrative proceedings to prove the importance of the standard is described, that standard of proof in legal proceedings to prove the theory has a very important role. Standard of proof is a proof of the activities of the direction of the proceedings and the criteria to guide the parties and the factual findings and to implement the correct behavior of the proceedings and the view of Administrative proceedings to prove the standard is four-point significance.The first part an overview of administrative proceedings standard of proof. Discusses three main aspects of, The first standard of proof of concept that the judge or the parties to prove the existence of a fact or legal relationship, and in order to resolve this legal dispute and the parties recognized the responsibility of the relevant evidence to achieve the quality and quantity requirements. The second aspect of the content of the standard administrative proceedings to prove that, in administrative proceedings, the burden of proving the main responsibility for the evidence at its disposal to prove the facts of the case and should meet the statutory requirements and is confident that the Chief Judge of the right to judge whether the level of behavior . Thirdly, on administrative proceedings to prove the standard variety of perspectives, this part of the point of view of individual scholars were listed and analyzed.Two Schools of the second part of the body of administrative proceedings to prove the standard reference. Mainly from three aspects discussed, the first aspects of common law standard of proof the state administrative proceedings before the Department of the Act summarized the characteristics of the Standard of Proof in the United States as an example of the common law countries, standard of proof for administrative proceedings analysis and commentary. Secondly, the civil law standard of proof the state administrative proceedings before the Department of the Act summarized the characteristics of the Standard of Proof, in France and Germany as an example of the civil law standard of proof for administrative proceedings analysis shows. The third area of Two Schools of administrative proceedings to prove the standard reference.Now, according to China's current situation, keeping in mind the common parts of Two Schools in turn may seek a more useful inspiration. The third part of the body of the standard proof of the status quo of China's Administrative Litigation Analysis. Mainly from two aspects discussed, the first in China's current standard of proof in administrative proceedings related to laws and regulations. From the provisions of the Administrative Procedure Law of China on Administrative Proceedings Standard of Proof for a description, and relevant judicial interpretation to narrative. The second standard of proof of China's Administrative Litigation existing problems. First, the standard single administrative proceedings do not meet the complexity and diversity of features. Second, China's administrative v. standard of proof is not strong operability.The fourth part of the body of administrative litigation to prove the improvement of the standard. Mainly from three aspects discussed, the first proof in administrative proceedings to determine the standard should pay attention. Are mainly four issues: first, administrative proceeding conducted to prove the degree of difficulty degree; second administrative proceedings involving the Bank of China on the type of cases; third administrative proceedings for the administration management characteristics into account; fourth the administrative proceedings related to the degree of administrative decisions. Secondly, to establish a diversified, multi-level proof system of administrative litigation. Proof of that is, different subjects, different stages of the proceedings,Standard of proof should not be the same; different types of cases, as well as the same case, different facts to prove that standards may vary. Divided into the following four points: First, administrative litigation cases on administrative licensing required standard of proof. The second part of the administrative proceedings to enforce the standard of proof required in cases. Thirdly, administrative proceedings and administrative penalties in cases related to the standard of proof required. Fourthly, administrative proceedings to deal with cases concerning administrative decisions required standard of proof. Thirdly, the real objective truth and the law combined. Of objective truth and legal truth of the theory of separate State, draw a conclusion. In accordance with the law of the certification requirements identified by the real facts of the case is in fact under the guidance of the concept of objective fact, strictly in accordance with the conditions prescribed by law and to develop people's initiative on the basis of the law identified by the fact that objectivity , the unity of subjectivity and legal.The final conclusion is that this standard of administrative proceedings study summary statement. Also pointed out that due to limited capacity, the paper sure a lot of missing parts, and some views are not necessarily correct, but also sorry. Hope this issue can also carry out further research.