Administrative Standard Of Proof In The Proceedings

Proof institution is the core of litigation system. Standard of proof is the kernel of the proof institution. So the study on standard of proof plays an important role in the practice and theory. Compared with the heated discussion of proof standard of civil and criminal, the research of proof standard in administrative litigation is weak in the theories researches. Thus, study on testimony standard is an inevitable demand of the reforming system of administrative litigation. This paper is totally divided into three parts. In the first chapter, the author detailed introduces the concept of proof standard, and makes comparison with other similar concepts. Then state some viewpoints about standard of proof and some concrete standard. The second chapter elaborates the characteristic of the standard of administrative litigation and compared the standard of civil and criminal litigation to it. Then analyze the proof standard of the Two Legal System. In the third chapter, the author introduces the problems of proof standard in China, and puts forward the concept that the proof standard of administrative litigation should be reconstructed as a multi-level and complicated system. Besides, the different administrative actions should apply different proof standards.