Administrative Standard Of Proof In The Proceedings

The standard of proof in administrative litigation is the scope and degree that agents can get rid of the burden of proof when the court hear administrative cases, and is the testimonial which the judges determine whether the facts in a administrative case, especially about specific administrative actions true or not. There is the same proof criterion in three litigations in China, that is, the proof criterion of objectivity truth. The solo proof criterion has great conflicts with the modern litigation ideas of procedure justice gradually. As a result, it has to meet many reality problems. The paper tests to construct multi-criterion and different types for proof in administrative legislation bravely. "multi-"is utilized go meet the need for the mobility of proof criterion in administrative litigation, which refer to construct for the different proof targets, specially, proof targets can be divided to the facts that the plaintiff should take the burden of proof or the defendant should do by the different of subjects; the fact of procedure or substantive by different natures; and the problems of law or fact and so on. It means the chosen of proof criterion degree. "Different types" apply to the pending specific actions, which mean the same proof criterion should be designed for the same type of specific administrative actions. And the construct will resolve the problem of which types of criterion proof should be chosen, that is the problem of how to choose. We can make principle rules in legislation and list the special cases that we have know with law formulates and judicature explains. At a same time, we should leave some spare for certain special administrative actions, and the judges have rights to choose some criterion proof following to special conditions, some criteria's or principles, to resolve the civil conflicts between rigidity of legislation and flexibility of the criterion proof.