On The Proof Standard In Administrative Litigation

In the evidence system and the proof activities,the standard of proof has the extremely important function,it is the lighthouse of the litigation proof,the litigant exercising the litigation right,the lawyer acting the litigation, the court exercising the jurisdiction, theprocuratorateexercising the trial supervision right, The identification of facts, are inseparable from the standard of proof. In theory, the object of proof, the burden of proof and the standard of proof constitute a complete proof of the theory of litigation system, there is no proof of standard, the burden of proof will lose direction to prove the object is also meaningless to determine, so proof of the standard proof One of the three pillars. Judging from the judicial practice, the scientific standard of proof will not only help the judge to accurately determine the facts of the case, to reduce the difficulty of the facts of the case, but also to effectively promote the relevant proof of the Directorto actively perform the burden of proof. China’s "Administrative Procedure Law" does not specify the specific operational standards of administrative evidence, resulting in the judicial practice of the standard of understanding of the different standards of understanding, academia has been an endless debate. At present, the theoretical circles tend to explore the establishment of a multi-level and multi-level administrative litigation standard system based on the foreign standard of proof and relying on the standard of civil litigation and criminal litigation proof, but have not yet formed a unified understanding. This paper argues that the reconstruction of administrative litigation standards should be based on the reference, out of criminal and civil litigation to prove the scope of the standard, in the administrative litigation within the system to seek support, to give administrative litigation standard of proof to an independent research status.This paper is divided into three parts. The first part is an overview of the standard of proof, on the one hand, introduces the basic meaning of the standard of proof, expounds the definition of the standard of proof by different scholars, and from the proof object, the judge’s freedom and the litigation value. On the basis of the difference and correlation between the standard of proof and the related concepts, this paper analyzes the attributes and functions of the standard of proof, and further clarifies the basic meaning of the standard of proof. On the other hand, mainly discusses and analyzes the main theories about the standard of proof in our country. Also mainly expound the content of the testimony standard of administrative litigation. It mainly analyzes the differences of the three standard of proof of litigation, clarifies the particularity of the standard of proof of administrative litigation and distinguishes the difference between administrative procedure proof standard and administrative litigation standard of proof,This paper analyzes the relationship between the standard of administrative procedure and the standard of proof in administrative litigation and the connection between the two standard.The second part is the comparative study of the standard of proof of administrative litigation, the specific analysis and comparison of extraterritorial administrative litigation standard of proof, and the development of administrative litigation standard to sort out and reflect in order to build on the basis of comparative study of Chinese native The administrative litigation standard system.The third part mainly elaborates on how to construct the proof standard of administrative litigation in our country. At first, it discusses the value concept of influencing the construction of the proof standard of administrative litigation, and then puts forward that we should distinguish the problem of fact and law, establish the pluralistic, The standard of proof of administrative litigation standards and the use of supporting environment to explore the establishment of supporting system so that the administrative litigation standard to prove better and more effective to play its function and effectiveness.