On The Administrative Proceedings The Burden Of Proof And Its Perfect

The responsibility of proof in administrative procedure is an important part of the rule of administrative evidence. It has great significence in the protection of the legal rights of the plaintiff, and the promotion of the responsibility of the administrative organs in their administration accord to Law, as a result, to realizing the legal supervision to the administration activities. Although these rules are not yet perfect in practice. There is much room to study and improve.The first part introduces the general theories of the rules of the responsibility of proof in administrative procedure by comparing these aspects in different legal systems, including Common Law systems and our practice, and also some theoretical evaluations, to generalize the nature of the these rules.In the second part, the author introduced and analized our existing legislation and rules and their defects by analizing the distribution of the responsibility of proof in the present legislation.The third part is about the relative rules in certain foreign contries. In the United Stats and Britain, the plaintiff is responsible for the provision or evidence. And in Japan, France and Germany, the judges could investigate the evidence, the plaintiff could be released in these aspects to a certain degree.In the fourth part, the author talked about how to perfect the rules of responsibility of proof in administrative procedure in our legislation and practice. The author suggested the plaintiff resonally shoulder part of the resiponsibility of proof, and the legislature supplement the resiponsibility of the third person. The distribution of resiponsibility of proof of the administrative organs is too simple and be detailed. The legal time limit is also very important and is necessary to be perfected. As for the investigation by the judges, it could not be ignored, and should be limited and regulated.