The Standard Of Proof Of Product Quality Administrative Penalty Cases

Fukang Company appealed product quality administrative punishment of the Bureau of Quality Supervision, with more typical litigation proof can achieve the standard, there are many controversial lawsuits in this article as an example in this case, the analysis of administrative behavior litigation to prove whether the punishment reached the legal standard of proofing the applicable standard, the Court is correct or not, combined with the actual product quality administrative penalty cases to build the standard system of litigation proved recommendations. This paper is divided into the following three parts:the first part of the basic situation introduced cases and court trial; summed up the second part of the focus of the dispute in this case, that the use of on-site inspection record, partly altered to add traces of evidence, the inspection report, the law applicable to such evidence, the litigation prove compliance with the law, whether the legal standard of proof, the comprehensive judgment proceedings prove whether the legal standard of proof, itemized legal analysis using all the evidence, come to the litigation prove whether compliance with the statutory standard of proof, the court referee whether the applicable standard of proof is a correct conclusion; standard of proof applicable in the third part through case analysis, the idea thinking product quality and standard of proof in cases of administrative penalties, with reference to foreign legislation and domestic doctrine, it is recommended to build the litigation proof system as follows:the fact of substantive law standard of proof of probability standard-close to exclude a high degree of suspicion standard, high degree of probability standard, eliminate the abuse of power standards, proved standards of procedural law-non-serious violation of legal procedure standards, the application of the law is correct or not proved standard-in line with the laws and regulations requirements. At the same time, improve the guidance case the system and referee reasoning system to strengthen restrictions applicable litigation arbitrary standard of proof, and enhance the litigation prove standard operability.