Research On The Standard Of Proof During The Administrative Proceedings Of China

Administrative proceedings,standard of proof is an important yardstick of courtadministrative cases. It is the positivism degree of the facts the parties under each want toprove for evidence of problems to be proved. Besides, according to the allocating burdens ofproof in related legal of China judges can measure the length of truth by using it, that is thefacts of the case, which establish a prerequisite for the correct referee. The related rules ofadministrative proceedings standard of proof in China s written law are embodied only inarticle54and article61in Administrative Procedure Law. However, both of the articles areover general and simple, which are not easy to handle and apply in juridical practices. It isalso easy for leading to corruption of judges, such as handling cases by personal relations.From China s legislation, the standard of proof of the three procedural laws are almost samewithout much difference，but they own each specialties owe to their different aims andproving procedures. On the other side, from their nature, function and social values, theirstandard of proof should have difference other than one standard. The simple standard cannot be suitable for developing need of society at all, and can not embody the special functionof administrative proceedings. There is also problems in practice, such as difficult to handleowe to over-high standard, which causes great waste of judicial resources. Therefore, thisproject intends to draw on the experience of other countries, makes a comprehensiveanalysis which considers both the features of the function and factors needing considered ofadministrative proceedings and the status quo of China’s Administrative Procedure Law. Ittries to put forward the standard of proof in administrative proceedings, to make it more inline with the fairness and efficiency value.The thesis makes the basic overview of the administrative proceedings the standard ofproof. It gives introduction on the connotation, the elements to consider, and the legal basisof the standard of proof in the administrative proceedings, and finds revelation from thestandard of proof of foreign administrative proceedings for that of China. It is mainly theuseful experience drawn from the administrative proceedings of System of Britain, the US,France and the Continental Legal System. It makes study on these problems and put forward suggestions for improvement inChina s current administrative litigation practice.. Take into account the purpose, the burdenof proof, the diverse and complex characteristics of administrative acts, as well as therelationship of executive power and judicial power under the existing constitutional systemin administrative proceedings, the country should establish a pluralistic level administrativeproceedings standard of proof with both for the ones with clear facts and adequate evidenceand for the ones with close to clear facts and adequate evidence, as well as high degree ofprobability standards and preponderance of the evidence standard.