Administrative Proceedings The Burden Of Proof Issues Discussion

As the core in the rules of evidence，the burden of proof plays a vital role in the threeprocedure laws. In China，as far as the legislation is concerned, the Cirminal Procedural Lawand the Civil Procedural Law both make provisions on the burden of proof, but fail to directlyuse “the burden of proof’ while the Administrative Procedural Law refers “the burden ofproof’ to the law level for the ifrst time. Only when the people’s court establishes theevidence proposed by the parties concerned atfer investigation can such evidence be used thebasis for decision. The evidence established atfer investigation is evidence that can be used todetermine a case while the evidence not established atfer investigation is evidence that cannotbe used to determine a case. However，in the judicial practice，not every case can reach theideal state that the facts of the case are make thoroughly investigated; in the proceeding wherethe issues which must be determined for the decision of the court cannot be determined, as asystem for determining winning or losing, the burden of proof can determine the success ofthe case under such circumstance. This thesis begins rfom the basic theory of the burden ofproof，combines the basic legal theoires in the burden of proof such as the distirbution,identification standards and the proof limitation, and some problems in the judicial practice tosummairze the status quo of the burden of proof in the administrative proceedings in China,and endeavors to proposes the author’s opinions and the suggestions for the improvement ofsome problems through discussing the problems of the burden of proof in the administrativeproceedings and the disputes in the theoretical circle.Part One elaborates the burden of proof and the evolution by discussing the concept andnature of the burden of proof. This patr makes elaborations rfom the historical evolution ofburden of proof and three procedural laws to their respective burden of proof with their owncharacteirstics, and makes further elaborations on the characteristics of the burden of proof inthe administrative procedural law. The understanding on the basic theory of concept andcharacteirstics of burden of proof in the administrative procedural law clears the theoreticalobstacles for the analysis on the several issues in the burden of proof in the administrativeprocedural law in the following.Part Three understands and elaborates the distirbution, identification standards and theproof limitation of the burden of proof in the legal documents and judicial interpretations suchas the Administrative Procedural Law，the Interpretation of the Supreme People’s Court on Several Issues in the Implementation of the Administrative Procedural Law of the People’sRepublic of China as well as the Provisions of the Supreme People’s Court on Several Issuesin the Implementation of the Administrative Procedural Evidence and deirves the legislationpurposes and value orientation of the relevant provisions.Part Three compares the two modes of burden of proof of the authority investigationdoctirne and adversary system in the administrative litigation in other countires and regions，hoping to make preparations for the following suggestions on the basis of introducing foreignexpeirence in different legal cultures.Part Four discusses the controversies in the distirbution of the burden of proof in theadministration litigation in China and the problems in the practice from the perspective of thescope of burden of proof to be born by each administration subject，identification standardsand the proof limitation in the distirbution principle of burden of proof.Part Five elaborates the author’s opinions on the further development of the burden ofproof of the administrative litigation as for the focuses in dispute and problems in Part Four.