The Study About The Standard Of Proof In Administrative Litigation

Certificate standard is the core of the proof institution, and proof institution is the lore of the litigation system., so the development and improvement about the standard of proof in administrative litigation will have a far-reaching impact on administrative litigation system reform. At present, the study of the standard of proof in administrative litigation in our academic is not detailed and depth. The pride of the evidence for administrative proceedings by supreme people’s court in2002has sured the role of legal truth concept and discretional evaluation of evidence, but the provisions are too vague and short of operability, so the various problems of judicial practice can’t be resolved. A phenomenon will arise in practice, because of nc clear and specfic standard of proof to follow, though they are the same or similar cases, they will make different outcome. this phenomenon will greatly impeded the proceeding of the administrative litigation, so the depth and detailed study of the standard of proof in administrative litigation is a urgent need.In view of this, this paper tries to give a more comprehensive and systematic exposition of the standard of proof system in our administrative litigation, after considering many relative elements, through analysising sucessful experience of the common law and civil law system, combining with our actual situation, basing on the concept of the standard of proof in administrarive litigation, the author affords some specific opinions about the reconstruction of the standard of proof in our administrative litigation as to have contributed to the study of the standard of proof in our administrative litigation.There are four parts of the article, the first part is the summarizations of the concept of the standard of proof in administrative litigation; the second part is the investigation of the foreign standard of proof in administrative litigation; the third part is the current legislation and problems of our standard of proof system in administrative litigation.; the fourh part is the reconstruction of our stangard of proof system in administrative litigation. Firstly, this part mainly introduces the concept and the specifieness of the standard of proof system in administrative. First of all, the author analyses the concept of the the standard of proof system in litigation through legal truth, discretional evaluation of evidence and burden of proof. On this basis, the author also analyses specifieness of the proof system in administrative litigation, it means it differents from the standard of the civil criminal litigation.Secondly, this part mainly intruduces the standard of proof system in administrative litigation of two legal systems. By listing a serial of representative countries of two law systems, such as Britain, United States, Germany, France and Japan etc, by carding relevant lagal provisions in these countries, based on this, it further analysis the characteristic and basis of legitimacy of them, so as to explore beneficial revelation for our country.The third part mainly describes the current legislation and problems of the standard of proof system in administrative litigation of our country. By carding relevant legal provisions, we can see the future development trend of the standard of proof system in administrative litigation of our country, the objective truth is gradually relaced by the legal truth; in addition, discretional evaluation of evidence is also be accepted by the society; then we analyses the problems of the stangard of proof system in administrative litigation of our country from four aspects, including:too simple standard, not enough transparent standard, unfettered standard and too strict standard.The fourth part is mainly about the discourse of the reconstruction of the standard of proof in administrative litigation of our country. Firstly, the article briefly describes the attempt of the academic for building a new theory, establishing a diversified standard of proof system in administrative litigation has been a general consensus, but it lacks of the researth about supporting system. Then this article applies for the specific recommendations of the reconstruction of the stangard of proof in administrative litigation of our country. After considering many factors,such as the purpose of administrative litigation; the value of administrative litigation; the type and character of administrative act; the relationship between the judicial power and executive power; easy or difficult degree of identifieation in case, based on insistence with legal truth, discretional evaluation of evidence and procedural justice, firstly, the different standard of proof should be applied on the accusers and defendants, the standard of proof for the accusers is the reasonable possibility standard; the standard of proof for the defendants should be distingguished between matters of fact and legal issues to apply to diffrent standard of proof, In particular:he general standard is a comprehensive review of standards for legal issues; the exceptional standard is a preponderance of the evidence standard or the clear advantage of the standard; the different standard of proof should be applied on different tybes in case for matters of fact, the general standard is clear and convincing standard of proof; the exceptional standard is the standard of beyond reasonable double and the preponderance of evidence standard. Then, by establishing related system, such as:the burden of proof system, the system of discretional evaluation of evidence, the system of administrative procedures and the qualification of the appointment system, we can develop and improve the standard of proof system in administrative litigation.