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Administrative Standard Of Proof In The Proceedings

Posted on:2008-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ZouFull Text:PDF
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Rules by law is the basic summary which is rules a nation, and the core lies in the judicature. Judicial proceeding have undoubtedly become a fundamental manner. Proof institution is the core of the system of litigation, and standard of testimony is the soul of the proof institution. The litigant acts according to the testimony standard production of evidence, judge has a conclusion of certificate confirm the fact of case according to the standard of testimony. The administrative proceedings goal is protects citizen's right and limits the administrative organ the authority. So the study about the standard of testimony in administrative litigation is necessary.The article include three chapters. The first chapter explain the conception of the standard of proof in administrative litigation. The conception is from obtain to in other concept analysis and the comparison. This chapter of the innovation lies in: Are proportional the testimony standard and the certificate responsibility.The second part is the comparison research of the standard of testimony in administrative litigation. We could learned something from investigate the testimony standard of theory and practice in two fundamental legal families.The third chapter is the emphasis,innovation and conclusion of the article. On the base of the second chapter ,the author works out advices about the standard of testimony in administrative litigation.The standard of testimony in administrative litigation should be reification and maneuverability. Detailed said: The standard of testimony in administrative litigation have two standards should divide the administrative standard and the administrative relative person's standard .And the administrative standard have three sorts: obviously preponderance of the evidence standard,preponderance of the evidence,beyond and reasonable doubt standard.
Keywords/Search Tags:standard of testimony, beyond and reasonable doubte, preponderance of the evidence, the certificate responsibility
PDF Full Text Request
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