Study Of The Administrative Proceedings The Defendant's Burden Of Proof

To go to law means evidence.System of evidence is the core of the whole judicial proceeding,which means the burden of proof is the kernel of system of evidence.During administrative proceedings,administrative organ is the defendant as well as the one who is responsible for the main responsibility of burden of proof.Thus,what kind of burden of proof should administrative organ take and in what kind of way are the kernel problems that should be resolved for administrative litigation system.The two are not only decisive for the result of judgment of administrative proceedings,but also plays vital important roles in the maintenance of judicial justice and authority of administrative organ,in the maintenance of legal right of administrative counterpart.In China,the Administrative Procedural Law,with late study,is the first legislative authority for people to loge a complaint against officials,but is not properly and clearly in terms of specifications of regulation and choice of words.The current Administrative Procedural Law and various judicial interpretations just generalized the burden of proof of defendant in administrative proceedings.However,it does not make clear definitions in how to allocate burden of proof in a particular case and whether burden of proof is transferable or not,types of evidence and probative force,etc.These all result in the lack of practical guidance for judicial practice.By unscrambling the theory of burden of proof,comparing with civil proceedings and criminal proceedings,borrowing positive parts specified for the burden of proof during the administrative proceedings in other countries and areas,and with the combination of judicial practices of administrative procedure and administrative proceedings in our country,this paper,which regards the close relationship between administrative proceedings and administrative procedure as the cut-in point,proposes that different burdens of proof of defendant in administrative proceedings are classified on the basis of different administrative action.