The evidence system is the heart of the litigation system,if there is no evidence to support litigation such as the tree has no roots and the river has no water.In the evidence system,the burden of proof is at the core,in other words,all the rules of evidence revolve around the burden of proof.In order to highlight the importance of the burden of proof,some scholars regard the burden of proof as the spine of the lawsuit.In 1989,China's "Administrative Procedure Law" for the first time put forward the "burden of proof" concept.Unfortunately,only the administrative litigation in the defendant bear the burden of proof,did not provide the plaintiff's burden of proof.Due to the laws is lack of some terms for the burden of proof on the plaintiff's,so that the burden of proof on the plaintiff's in the field of theory and practice has not been paid enough attention to,and this has brought about the development of administrative judicial practice,which has hindered the development of administrative litigation.In order to meet the needs of the development of judicial practice,in 1999,the Supreme People's Court on the implementation of the "People's Republic of China Administrative Procedure Law," a number of issues "(hereinafter referred to as" a number of explanations "),for the first time clearly put forward the "plaintiff's burden of proof" concept,and stipulate for some regulations.The provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation(hereinafter referred to as the "Evidence Provisions")have been further refined in 2002 on the burden of proof of the administrative litigation.What's more,the new "Administrative Procedure Law" also has implications for the plaintiff's burden of proof.China's legislation on the plaintiff's burden of proof is also more and more attention.It can be seen that the plaintiff's burden of proof in administrative proceedings has become an unavoidable problem.In order to better study the burden of proof system of the administrative litigation plaintiff in our country,we should understand the theoretical basis of the plaintiff's burden of proof and realize the necessity of the plaintiff to bear the burden of proof and urge the plaintiff to accept the litigation stage and the specific type of case Should bear the burden of proof in order to better achieve through the means of litigation to safeguard their legitimate rights and interests of the purpose.In addition,it is necessary to strengthen the understanding of the plaintiff's burden of proof,strengthen the protection of the plaintiff's burden of proof,and strengthen the propaganda and guidance of the plaintiff's burden of proof. |