Discussions On The Proof Of The Administrative Rationality By The Defendant In Administrative Litigation

In China's administrative litigation,the burden of proof is generally undertaken by the defendant,taking the responsibility of the proof of the administrative act.Before the implementation of the new administrative litigation law,the requirement for the rationality of the administrative behavior by the court is not high,and the defendant's proof is mainly for the legality of administrative behavior.With the implementation of new administrative litigation,the court has gradually expanded the scope of the rationality of administrative act.Consequently,the requirement for the defendant's providing evidence to prove the rationality of administrative behavior has been increased.In practice,the provision of the proof of administrative rationality is more significant.This thesis comprises of five sections.The first section mainly introduces the basic concept of the proof of administrative rationality in administrative litigation,and the provisions of the burden of proof and the proof of administrative rationality by the defendant in our laws and regulations.First,from the concept of burden of proof,this section further analyzes and summarizes the basic concept of the proof of administrative rationality in administrative litigation.Second,this section introduces the provisions of the burden of proof in administrative litigation law and related judicial interpretation.Third,this section introduces the provisionsof the defendant's proof of administrative rationality in administrative litigation,illustrating the aspect of the scope and content of the defendant's administrative rationality from the perspective of general provisions on the proof of administrative rationality.Through the enumeration in this section,a general understanding of the problem of the proof of administrative rationality in administrative litigation is built.The second section analyzes the necessity of the proof of the administrative rationality.This is discussed in detail from three perspectives,including reasonable administration's need of administrative rationality proof by defendant,the need to protect the plaintiff's rights and interests,and the need to reflect the value of litigation.The third section analyzes the feasibility of the defendant's proof of administrative rationality.It expounds from the aspects of the proof of the administrative rationality and the ability of the defendant.The fourth part and the fifth sections are the focuses of this paper.Based on the analysis in the first three sections,the fourth section presents five problems of the defendant's proof of administrative rationality in administrative litigation in China,including the lack of attention,the presence of legislative gaps,the lack of clear criteria of proof,the lack of clear proof scope and content,and the deficient provision of administrative rationality.Based on these existing problems,the fifth section proposes five corresponding suggestions for improvement,including paying more attention,perfecting the legislation,perfecting the proof standard,improving the scope and content of proof,and perfecting the stipulation of the object.