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Analyse The Standard Of Proof In Chinese Administrative Penalty

Posted on:2013-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:X L HuFull Text:PDF
GTID:2246330371994015Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The standard of proof in administrative is the degree that Administrative organ useevidences to prove the illegal fact and the fact administrative staffs carry out.The standardof proof is the core of evidence system.It affects the cases of administrative penalty.If whocannot get to the standard,he will be doubted about the rationality and the legality.Athoughthe penalties have been carried out,they would be recovered by the judges to a large degree.So the standard could restrict the executives,on another hand it could protect the legal rightsand interests of our citizens.The cases become more and more complex in modern society,and the standard become more and more important at the same time.We need the standard toimprove the efficiency and to be more adjective.So it is necessary to discuss the standardindependently.And so far,we have rarely research on the standard,it’s the great chance to myresearch.I will distinct the concept at first,then I will give some suggestion on Chineseevidence system by analysising the realities of the modern society. I hope it will have largeimportance to Chinese administrative penalty.
Keywords/Search Tags:the standard of Proof, objective truth, legal truth, get rid of the reasonablesuspicion
PDF Full Text Request
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