Study On Standard Of Proof In Administrative Litigation

The proof standard is always the problem of point research in the field of evidence law and litigation law, and the discussion of proof standard of civil and criminal suit is in the situation of vehement contending. As one of the three laws in China, the administrative litigation is not treated equal to the civil and criminal suit, and the scholars that specialize in the research of it are fewer. As a result, it becomes weak link in the theories researches. The researches of proof standard of administrative litigation are not very mature, and most directly transplant from criminal law and code of civil law. Along with the development of society and continuously strengthening of the people law consciousness, the administrative litigation needs a set of whole, especial system info, and the simple transplants can't adapt to the demand of judicial practice. Study of testimony standard is an inevitable demand of deepening and reforming the system of administrative litigation. This paper was totally divided into five parts. In the first chapter, the author elaborated the ways and contents of researching. In the second chapter, the author detailed introduces the concept of proof standard, and compare to other similar concepts. Then state the importance of proof standard and the characters of proof standard. In the third chapter, the author compares to analyze the proof standard of the Two Legal System and conclude that we should adapt the applicable system to adopt the complex judicial situations in China. In the fourth chapter, the author introduces the legal existence of proof standard in China and states the existing problems and reasons. In the last chapter, the author vitally states the factors of re-constructing proof standard in China. And then according to the characteristics of administrative litigation itself, the correlative legislation provision of other nations and the concrete state of the nation of our country, the author thoroughly analyzed the existent problems and reasons of proof standard system of administrative litigation, and put forward the conceives that reconstructed this system, and induced the concrete goals and contents of it, at last brought forward the applicable system of this proof standard. The author thinks that the proof standard of China should be a multi-level, complicated and dynamic system; meanwhile the author analyzes the applicable system of proof standard of administrative litigation conjunct to the judicial practices.