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Study Of The Administrative Proceedings The Burden Of Proof

Posted on:2002-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:M T PanFull Text:PDF
GTID:2206360032452750Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The institution of burden of proof is one of the core components of the entire legal action system, called ackbone of legal actions. The assumption of burden of evidence is the soul of burden of evidence, which has long been emphasized by the field of academia throughout the world. Research in this area has been increasing in depth and expanding in scope. When elaborating on some of the relevant issues of burden of evidence in legal actions, writer re- assessed evidence and evidential material, burden of evidence and burden of proof that are closely related to burden of evidence in the institution of evidence in administrative legal actions. The write goes on to further elaborate on the principles and theoretical justifications for the sharing of burden of evidence and the general and specific applications of the principles for the sharing of burden of evidence in administrative legal actions in administrative legal actions in China. On the basis examination of the impact of the general principles of burden of evidence in administrative legal actions on the burden of evidence in administrative legal actions, the writer also evaluated the sharing principle of burden of evidence in administrative actions in China. offered insights for the perfection of the institution of burden of evidence in administrative legal actions, and concluded that the heated debates and further studies of the various schools of burden of evidence demonstrate the complexity of the issue of the sharing of burden of evidence. It is impossible to resolve the issues of burden of evidence once and for all with one or two principles. The construction of a scientific theoretical system of burden ofevidence in administrative legal actions and perfection of legislation and practice of burden of evidence in administrative legal actions require the understanding that the understanding and evaluation of burden of evidence in administrative legal actions and of the issues of legislation and practice of allocating burden of evidence should be based on overall understanding of the actual national circumstances of legal construction in China. When researching how to learn from advanced experiences of foreign countries, efforts should be made to construct a scientific, reasonable, and a more operable institution of burden of evidence.
Keywords/Search Tags:legal action, administrative action, civil action, evidence, burden of evidence, burden of proof, sharing of burden of evidence, perfection
PDF Full Text Request
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