Discussion Of Types And Their Burden Of Proof Of The Administrative Litigation

Third Party System in administrative procedures which embodies the unique value in administrative procedure and plays a very important role, but it's also a very important and complex problem in both the theory and the practice of administrative procedures. The burden of proof for The Third Party in Administrative Lawsuit is the key problem of Third Party System in administrative procedures. The burden of proof of the third party of administrative lawsuit, which is closely interrelated to its existing type, varies for the purpose and legal status. But there's no clear or detailed regulations for the scope and type of the third party in the legislation, which leads to various opinions in academic circles.In practice there are still many imperfect aspects of the protection of the legal rights of the third party. Interpretation Concerning Some Issues and Rule of Evidence in Administrative Procedures stipulate the limitation of overdue burden of proof for the defendant. On the one hand, the behavior of no performance or overdue performance of the burden of proof in any excuse is avoided; however, on the other hand the complex situation of participation of lawsuit or Evidential Burden of the third party is not considered. Lack of scientific position of the burden of proof of the third party could possibly causes the weaseling out of the responsibility of burden of proof for the administrative organs, so that the degree of prodding is lowered of administrative litigation system to the consciousness in Administration According to Law. How is the legal status of the third party in the administrative procedure? What is the difference of burden of proof of different third parties? How is the right of burden of proof protected? Controversies arose in the practice of administrative judgment, especially for the different status in administrative procedure of the third party. The difference in the cognizance of effectiveness and the limitation of the burden of proof makes the judges different opinions according to their own understandings to law and the discretionary power. To understand and apply the regulations accurately on the regulations for the third party in administrative procedures, in the following paper, I tried analyzing and studying it in both the theory and practice combining the characteristics of administrative lawsuit.In order to form a complete knowledge of the third party system, this article includes three parts, from making sure of the scope of the Third Party in administrative procedure to the responsibility of the third party according to the types of the third party. In the first part I analyzed the confirming rule of the third party of administrative procedure, countered the real situation of the third party, and proposed some proposals on definition of the third party. In the second part I analyzed the types of the third party of administrative procedure, according to the difference of the third parties of the legal status, and divided them into Plaintiff-third party, defendant-third party and fact-third party, mainly expounded the different status of the three types of third party and the realization of the Value of Litigant Rights. In the third part I analyzed the deficiency of the burden of proof of the third party, mainly expounded the classification of the third party, explained different burden of proof for different types of third parties, and proposed my own opinion on the effectiveness of burden of proof. Meanwhile I proposed also some advices for improvement of legislation on this topic, for example clearer declaration on the types, limitation of burden of proof, etc. on legislation, reinforce in the exercise of the Discretionary Power, perfection the investigation system of the court, etc. The integral exposition is to guarantee the coherent logic of legal relationship, to make convenient for the judge to make trial, and also to favor the rights of the third party, so that to perfect the third party system in administrative procedure in our country.