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On The Analysis Of Administrative Witness Standard

Posted on:2014-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:J H RenFull Text:PDF
GTID:2256330422963975Subject:Economic Law
Abstract/Summary:PDF Full Text Request
There is a close relationship between witness standard in administration and courtproceeding, they have a great deal of similarities in such aspects as essential feature anddecisive factor, but both have independent characteristics. The chief proof standards and isclosely related to the litigation standard of proof, the two have many similarities in thebasic characteristics and determinants of, but also have their own special characteristics.Administrative procedures for the administrative body administrative power to make theabstract administrative act or the process of the specific administrative act, the executivepower to run the program, while the proceedings are mainly refers to the jurisdiction ofrunning both a qualitative difference. In the operating procedures of the two rights relatedto the findings of fact, the collection of evidence, admissible, the use of the process,including the general principles and laws of many things in common. Therefore, theadministrative procedures of the standard of proof and the standard of proof of theproceedings there are similarities, there are also many independent features, the differencestems from the different administrative procedures and proceedings on the purpose andfunction. Moreover, the administrative procedures and administrative proceedings and areclosely linked, administrative standard of proof and standard of proof of the administrativeproceedings more closely linked. However, the administrative procedures and legalproceedings to prove the standard although the strong consistency, but not completelyoverlap, and administrative procedures that the standard relative administrativeproceedings standard of proof, there are certain unique features.Through comparing withthe witness standard in three major court proceedings, we prove the inexorable trend toadopt pluralistic witness standard in administration procedure.
Keywords/Search Tags:Witness standard, Administrative witness standard, Witness standard in court proceeding, Pluralism
PDF Full Text Request
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