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The Standard Of Proof Of Administrative Evidence

Posted on:2015-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:T Z XieFull Text:PDF
GTID:2266330428467412Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The standard of proof is extremely important and difficult to accurately grasp inthe lawsuit. It has self-evident significance in the evidence system. Scholars ofdifferent countries have different understandings on it in different periods. Thestandard of proof of administrative evidence is very important in administrativeevidence system as well. Compared with the civil action and penal action, thestandard of proof in administrative evidence system has its own features, therefore itshould be established according to the diversity of administrative act and theuniqueness of administrative proceedings. There has no explicit and operablestandard of proof of administrative evidence in China’s Administrative ProcedureLaw, which results in the fact that juridical practice can’t find a unified standard ofproof of administrative evidence and causes unceasing argument in the academiccircle. At the beginning of the21st century, the discussion on the standard of proof ofadministrative evidence has formed a situation of academic contending in China.Different theories and opinions have come out. This paper analyzes different opinionsand proposes its own ideas hoping that can make some contribution for a furtherstudy of this matter.This paper mainly consists of three chapters. The first chapter mainly clarifiesthe concept and significance of the standard of proof, the distinction between relevantconcepts and the specificity of proof standard of administrative evidence. In the firstpart, through the study of the standard of proof’s concept, the path and developmentof the study on the law of evidence can be seen from the side. This is one of theinnovation points of this paper; The second part analyzes the differences between thestandard of proof and burden of proof, task of proof, purpose of proof, demand ofproof and degree of proof; The third part states the features and significances of thestandard of proof; The fourth part demonstrates the specificity of the standard ofproof of administrative evidence. Chapter Two introduces the specific types of thestandard of proof stating respectively from the classification of the standard of proofon Science of Evidence and extraterritorial standard of proof of administrative evidence. Chapter Three, the focus of the thesis, concludes various studies of thestandard of proof of administrative evidence made by China’s theoretical cycle andproposes a legislation to complete our standard of proof of administrative evidence.The first part proposes that the standard of proof of administrative should insist on thelegal truth, diversification and layering based on the analysis of the argument ofChina’s standard of proof of administrative evidence. Part Two combs the usefuldiscussion concerning the standard of proof of administrative evidence in theorycircle in recent years; The consideration factors of classification of standard of proofof administrative evidence are illustrated in Part Three; Part Four discusses theselection of standard of proof of various types of administrative acts; Some legislativesuggestions on improving standard of proof of administrative evidence in China areproposed in Part Five, which uses standard of proof of preponderance of the evidenceand beyond a reasonable doubt as supplement under the principle of standard of proofof significant advantages. This is the core point as well as the second innovation pointof this paper.Method of comparative analysis is adopted in this paper since there is lack ofmaterials concerning standard of proof of administrative evidence while the study oncivil and criminal procedure is relatively mature. The research results of otherdepartment laws are used for reference and meanwhile, some relatively maturetheoretical and practice achievements abroad are also borrowed. This method ismainly embodied in the first two chapters. As for Chapter Three, empirical analysismethod is adopted in analysis and determination of concrete standard of proof ofadministrative evidence in China. Some specific cases are given to support the ideasproposed in this paper, which prevents the study from becoming a mere formality andhas practical significance.
Keywords/Search Tags:The Standard of Proof, Administrative Evidence, Legal Truth, Preponderance ofEvidence, Reasonable Doubt
PDF Full Text Request
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