On The Present System Of Burden Of Proof Of Administrative Litigation And Its Perfection Of Our Country

The burden of proof is the core problem of the evidence system which is of vital importance in the three litigation systems and its function is to ensure the right and duty of the parties when the court cannot find the truth of the case after trying its best. As the special feature of the administrative litigation which is different from the civil and criminal litigation, it has the different research methods and specific construction of the system. This paper tried to research the fundamental theory of the burden of proof as its beginning, then combine the features of the administrative litigation and analysis the special features and the theoretical basis of the burden of proof of the administrative litigation while also combining the "Administrative Litigation Law" and the judicial interpretation about the burden of proof of the administrative litigation made by Supreme People's Court to investigate the progress of the legislation. And it also investigates some cases to summarize the running state of the burden of proof of the administrative litigation. It also views some developed law country and region's experience and theory in the burden of proof of the administrative litigation to use the relative method to talk about the problem in the running state and the dispute on the theory about our the burden of proof of the administrative litigation. All these above is to try to raise some my own opinion of completion on some concrete problems.The first part introduce the concept and nature of the burden of proof. After introducing some general theories, I ensure my understanding of the concept and nature of the burden of proof in order to get rid of some disputes of the paper below.The second part analysis the clauses about the burden of proof in both "Administrative Litigation Law" and its judicial interpretation and conclude some legal principal of the legislation of the burden of proof and the legal principal of the progress by the two judicial interpretation in this field. And the paper also analysis the cases by court to investigate the effect of such progress. The third part introduces the theories and legislation of burden of proof in administrative litigation in America, Japan and Taiwan. It aims to take their experience as the foundation to prepare to raise my own proposal of completion.The fourth part takes the principle of the burden of proof and its effect in concrete cases, the range of burden of proof of complaint and defendant, the time limit of proof, the burden of the third part and the investigation of proof of court as the visual angle to probe the disputes of the distribution of burden of proof of administrative litigation in the present legislation.The fifth part will present the writer' opinions and reasons to the disputes and problems raised in the fourth party in order to give some suggestion to the judiciary practice and the emendation of the legislation of the burden of proof of the administrative litigation.