Allocation Of Responsibility For The Administration Lawsuit

Distribution of burden of proof in administrative litigation theory is a more controversial issue. It is important to study burden of proof of administrative litigation theory to the development of our country’s administrative litigation system and practice. "Administrative procedure law of the people’s Republic of China promulgated", "the Supreme People’s Court on the implementation of" the people’s Republic of China Administrative Procedure Law "interpretation of several issues" and "the introduction of the Supreme People’s Court on some issues of administrative litigation evidence rules" implemented, indicating our country in administrative litigation has made breakthrough progress, rules of evidence in administrative litigation has been more perfect, the administrative burden of proof more clearly, the provisions in the administrative lawsuit defendant shall bear the burden of proof for the specific administrative act of burden of proof, also is we often say. This provision reflects the fair principles of law, by the weak the plaintiff’s welcome, but found that there exist many defects in the judicial practice. The distribution of burden of proof in administrative litigation, not only to the substantive justice can be realized in the proceedings, but also to build an efficient administrative litigation procedure, so the distribution of the burden of proof plays a very important role in the lawsuit. This paper from the basic theory of the burden of proof in administrative litigation, combined with the characteristics of the analysis of characteristics and the legal basis of administrative proceedings the burden of proof is unique to explore legislative changes. Through the observation of extraterritorial law developed countries and regions in the burden of proof in administrative litigation system construction experience and theoretical summary of this, using the research methods of comparative analysis, empirical analysis, to explore the administrative lawsuit proof responsibility distribution in China and the theoretical argument, try on some specific problems illustrate ideas and perfect opinion.The full text is divided into five parts: the first part introduces the research background, research status, research significance and research methods, the second part is the basic theory of burden of proof of administrative litigation, this part firstly introduces the general theory of the concept of burden of proof in administrative proceedings and its characteristics and the distribution of the burden of proof is described, and a detailed analysis of the concept and its meaning, characteristics, the burden of proof and the burden of proof in administrative litigation in nature. Then the definition of burden of proof of administrative litigation, and introduces the characteristics of burden of proof of administrative litigation, and then analyzes the theory of burden of proof of administrative litigation.The third part introduced the two legal system countries and area of burden of proof in administrative litigation theory and legislation, the first detailed analysis the characteristics of Anglo American law system and continental law system, and according to the common law and civil law in two legal administrative responsibility assignment provides diversification path on administrative responsibility allocation system in mainland China, and do a good job preparation for the following suggestions. The fourth part of the specific provisions of the burden of proof in administrative litigation in China related legal documents one by one analysis and put forward its shortage; the fifth part put forward the former part of the problem, put forward to perfect the factors should be considered in the burden of proof of administrative litigation and perfect the burden of proof of administrative litigation principle and distribution system. Results part makes simple summary of this research, and looks forward to the further development of burden of proof of administrative litigation rules, to achieve the gradual build to adapt to the rules of burden of proof in administrative trial requirement in new period.