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The Standard Of Proof In Administrative Procedure

Posted on:2014-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:L F WuFull Text:PDF
GTID:2246330398462857Subject:Law
Abstract/Summary:PDF Full Text Request
Consensus on administration of law field in China is that the system of conviction onstandards which of diversification and applied differently should be reconstructed.Different administrative action applied for different conviction standards.Many scholarshave put forward some constructive suggestions on how to classify administrative action ofvarious kinds.Most of the suggestions are focus on the right of private party.While to theadministrative subject interests insufficient consideration,or that the power ofadministrative subject is lack of effective supervision.On the other hand,most of thescholars in the selection of suitable what kind of standard of proof,limitation in the freeheart certificate category,persist in the end application"preponderance of the evidence"standard or"high probability" standard,given little thought to the standard of legalevidence.In view of this,the author puts forward suggestion:First of all,in simplefact,standardized administrative procedure should be adopted"legal certificate"as proofstandard.Secondly,in the determination of the standard of proof,should focus on theinterests of the administrative organs and their staff.If involve the interests,the higherproof standard should be applied,this is a kind of restriction andprotection.Finally,according to the influence degree from the administrative to the relativeperson to determine the standard of proof.
Keywords/Search Tags:the Standard of Proof, Legal Evidence, Discretional Evaluation ofEvidence
PDF Full Text Request
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