Study On The Plaintiff’s Burden Of Proof In Administrative Litigation

The System of the burden of proof is the core and foundation of administrative litigation. Today, both in academia and in practice, "the defendant bear the burden of proof in administrative litigation, otherwise you will face the risk of losing. " Seems to have become the iron in the administrative proceedings. But due to the excessive burden of proof for the defendant, leading research on the burden of proof to the plaintiff are deficient, in recognition, legislation and practice on problem more seriously hampered the development of the proceedings. Because of the burden of proof lies: when the facts of the case are unclear, claims the fact that parties have to bear the adverse consequences of litigation. Therefore, how to assign the burden of proof is of utmost importance. In the distribution of the burden of proof in administrative litigation, the plaintiffs should bear the burden of proof and what matters should bear the burden of proof has been a lot of controversy.People’s Republic of China administrative litigation law(hereinafter referred to as the administrative procedure law) issued and implemented with effect from October 1, 1990 to date, for almost 28 years, the burden of proof in administrative litigation system has thus formalized, but the Act itself is not the plaintiff’s burden of proof is clear.After 9 years, the Supreme People’s Court on execution <People’s Republic of China administrative litigation law> explanations on several issues(hereinafter referred to as the explanation), the plaintiff’s burden of proof in administrative litigation system up for the first time expressly recognized that plaintiff’s burden of proof which have been added for the first time.On October 1, 2002, made by the Supreme People’s Court, the Supreme People’s Court on several issues of administrative lawsuit evidence regulations(hereinafter referred to as the regulations) for the first time to perfect the plaintiff’s burden of proof.On November 1, 2014, the 12 th session of the Standing Committee of the 11 th National People’s Congress adopted amendments, decisions have applied for more than 20 years in the People’s Republic of China administrative litigation law(hereinafter referred to as the new administrative procedural law) modify the plaintiff’s burden of proof has been further improved. Research on the plaintiff’s burden of proof, on the development and perfection of burden of proof in administrative litigation system in China, for the protection of administrative counterpart’s right has an extremely important significance.This paper consists of three parts: introduction, body and conclusion, and which body part is composed of four parts.Meaning of the first part is the plaintiff’s burden of proof analysis. From the plaintiff’s burden of proof in this section starting with the concept and the plaintiff’s burden of proof applies, by plaintiff’s burden of proof and the burden of proof in administrative litigation and administrative proceedings third party’s burden of proof and the comparative analysis the plaintiffs the burden of proof, being carried out analysis of the plaintiff’s burden of proof.The second part is the theoretical basis of the plaintiff’s burden of proof and its significance. This section compares and analyzes domestic and foreign plaintiff’s burden of proof in administrative litigation of their features, analyzes the significance of the plaintiff’s burden of proof.Third part is the plaintiff’s burden of proof in administrative litigation status of existing problems. This section from the understanding and analysis on legislation and in practice, the analysis of the plaintiff’s burden of proof, clear problems of the plaintiff’s burden of proof in China.IV part is on China administrative litigation plaintiffs proof responsibility exists problem of proposed of solution programme, respectively in awareness Shang, and legislation Shang and practice Shang proposed corresponding of solution programme, a is from awareness Shang change on administrative litigation plaintiffs proof responsibility improper concept, II is from legislation Shang clear administrative litigation plaintiffs proof responsibility of applies, three is from practice Shang overcome administrative litigation plaintiffs proof responsibility of dilemma.