The Administration Litigation Certificate Standard Problem Research

The proven standard plays a very improtant role in the system of litigation, which is to measure the litigant to fulfill the proven responsibility and the standard of the judge's trial. But, for a long time, the proven standard of "The case fact is clear, the evidence is truly full" is still suited in our country.Because this standard seems to be vague,general, lack of maneuverability in practice, it often causes different adjugement to the same case.In order to perfect the theories research of Administrative Procedure proven standard and push legislative perfection of proven standard, so the author writes this text.under the premise that summarize the research result of current scholars.This text mainly uses the writing method of comparative analysis.The content related to the legislation and research results about proven standards of criminal proceeding and civil proceeding, the state of the field that is in China's Administrative Litigation Research, as well as foreign issues on the status of research and legislation. The article is mainly divided into four parts:the first part is about the basic theoretical issues of the proven standard. It focuses on the meaning, features of proven standard, as well as the definition of standards about administrative proceedings. The second part is the research of the abroad proven standard. The author adopts the method of comparative study to compare and discuss the proven standards between the United States of America, the United Kingdom in Anglo-American Law System and France, Germany in Continental Lagal System, coming to the general practice standards in order to make it easy to learn. The third part starts with the applicative bifurcation of proven standard. On this basis, leading to the relevant provisions of law of the Administrative Procedure Law, therefore to explain the influence of the Administrative Procedure proven standard on the administrative proceedings. The fourth part constucts the standard system of administrative proceedings, which is the focus of this article. Simultaneously this is also the most valuable and innovative part of this article. The author first points out the acutionary factors in building the standard system of administrative proceedings, and finally put forward the plan of building the standard system of administrative proceedings, that is the multi-level, comprehensive, and the distinction between legal issues and factual issues raised in the proven standard.