Typed Study Of Administrative Litigation Proof Standard

The criterion of proof plays an important role in litigation, it will guide the judges in making certain judgments according to the proof which provided by the parties. Both the diversity of specific administrative act and the complexity of administrative cases require that the criterion of proof in the administrative litigation shall meet the needs of different cases’trial. By contrast, the provisions in law which is relevant to the criterion of proof in the administrative litigation seem not only abstract but also impracticable.The research in the diversity of the criterion of proof in the administrative litigation has two aspects. First, we shall divide the specific administrative act into several parts according to certain standard. Second, we shall put forward some criterion of proof. The last step is to combine the two aspects correctly so that the criterion of proof can suit the types and situation of different cases, and the discretion of judge will be limited in a reasonable scale.The free evaluation of evidence is inevitable in administrative litigation. The criterion of proof is indispensable because it can limit the free evaluation of evidence. However, the design of diversified and multi-level criterion of proof in administrative litigation will have to resort to the free evaluation of evidence.The criterion of proof in administrative litigation shall be different from that in the civil and criminal litigation. It shall comply with the criterion of proof in the administrative procedure. The construction of criterion of proof in administrative litigation shall take account of factors which contain types of specific administrative act and importance of administrative decisions and the parties’ability to provide evidence. The criterion of proof in administrative litigation shall suit different administrative cases and limit the discretion of judge.