On The Standard Of Proving In Administrative Penalty Of Land-use Cases

The justice of penalties towards illegal land-use cases is affected by the standard of proving in China. As the absence of administrative procedure law, the standard of proving in administrative penalty of illegal land-use cases cannot be implemented and complied with timeliness and accuracy by supervision and inspection departments. The current situation of the standard of proving in administrative penalty of illegal land-use cases, along with the reasons of relating problems will be analyzed in this thesis. The current status and existed problems of the standard of proving in administrative penalty of illegal land-use cases will be firstly introduced. The next section will go into further detail in the common law and civil law. Last but not least, the third section includes the exploration of the Supreme People’s Court regarding the standard of proving, the factors that impact the establishment of the standards of proving in administrative penalty of illegal land-use cases, the standards of proving for various illegal land-use cases, rare cases that can amend the general standards of proving, and finally the possible standards of proving in administrative penalty of illegal land-use cases in China will be focused on.