Study On The Standard Of Proof In The Administrative Proeedure

Administrative procedure and order of steps be carried out around the evidencesystem, as one of the core elements of the evidence system, standard of proof shouldbe in theory pay close attention to, and the standard of proof in administrativelitigation compared to the present prosperity of the Institute, was deserted of proofstandard of administrative procedure in China. Theory of proof standard ofadministrative procedures in this paper characterizing the lack of adequate resolution,analysis of legislation and practice, provide evidence of administrative procedurestandards system should be established taking into account a number of factors.This thesis is divided into three a part, first part is administrative programproved standard concept of made, on proved standard origins, analysis has provedstandard of connotation both not absolute of objective real real, also not absolute oflegal real, but including main objective phase unified of objective real, defined hasadministrative program proved standard and analysis has administrative programproved standard made of need, analysis has administrative program proved standardand proved responsibility of relationship Later analysis of the standard of proof inadministrative litigation and administrative procedures of burden of proof and proofstandard of administrative procedures and to prove the relationship between objects,and clarify the relationship between these two groups, to determine the applicablestandard of proof is of great significance. The second part introduces the two mainlegal systems of proof standard of administrative procedures on behalf of the State,analyzed the legitimacy of extraterritorial proof standard of administrativeprocedures, with a view to establishing proof standard of administrative procedure inChina provided some food for thought. Combines administrative program of relatedlegal analysis has my currently legal in the by provides has administrative programof proved standard is "facts clearly, and substantiated", pointed out that has currentlylegal in the provides of administrative program proved standard of not science,analysis has in practice in the, administrative program proved standard applies appeared of problem including "administrative program proved standard andadministrative litigation proved standard part", and "proved standard of single" and"proved standard of determines main" are is exists problem of. The third part is theconstruction of proof standard of administrative procedures, and discusses factorsaffecting the proof standard of administrative procedures to determine.Administrative procedures administrative procedures should be proven criteriastandard of proof and standard of proof in administrative litigation, taking intoaccount the standard of proof and the burden of proof, proof of relationship, takinginto account the administrative procedure is environment. Creative made a standardof proof applies first of all to distinguish between administrative proceduresadministrative procedures are excluded from the review of administrative litigation,excluded from the review of administrative litigation proof standard includesnon-litigious administrative rationality standard of proof and the standard of reviewof the facts. Administrative litigation proof standard of administrative procedures ofthe review should be to advance gradually at each level of a standard system, thissystem of proof standard, can be applied in the administrative procedure, can also beapplied in administrative proceedings.