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The Application Of “excluding Reasonable Doubts” In Administrative Litigation

Posted on:2018-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:X Z DongFull Text:PDF
GTID:2356330515477089Subject:Constitution and Administrative Law
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The standard of proof is the core of the litigation system,and it has great theoretical and practical significance for the parties and the judiciary.The standard of proof in administrative litigation mainly includes two aspects,including the conciliatory duty of the defendant mainly,including the court’s review standard.China’s administrative lawsuits have been criticized by the fact that the facts are clear and the evidence is true and sufficient.The main reason is that the standard is too single and the standard is too high for the operation.Therefore,theorists have been criticizing the discussion of the construction of new standards of prosecution,but there have been various differences.At present,although the theoretical circles have reached a consensus on the diversification of the standard of administrative litigation,that is,according to the different nature of different cases or cases,different standards of proof apply,but because of the different starting points of scholars,Form a unified understanding.For example,some scholars believe that different types of cases should be applied to different proof standards,some scholars believe that the different nature of the case should be applied to prove the standard.For this problem,the author thinks that he cannot talk about the reconstruction of the standard of administrative litigation.In this paper,the author intends to talk about the application of the principle of excluding reasonable doubt in administrative litigation.There are two controversies about how to apply it to administrative litigation: first,whether the standard of exclusion of reasonable suspicion in criminal proceedings can be applied to administrative litigation;secondly,If the exclusion of reasonable suspicion can be applied to administrative litigation cases,which should be applied to which types of cases.For the first dispute: whether to exclude reasonable doubt whether the standard can be applied to administrative litigation.Although the theoretical community has reached a consensus on the criteria for building a wide range of administrative litigation claims,there is still a dispute as to which standard should be the most stringent proof of the standard,such as the view that the re-examination criteria or strict certification standards should be the most Strict standards to apply.In this regard,the view of this article should be to exclude reasonable standards of doubt as the most stringent proof of administrative litigation standards,the main reason is that theexclusion of reasonable suspicion is conducive to ensuring the legal truth,to ensure the judge judge the objective,make up for the imperfect administrative procedures and To meet the legislative purpose of administrative litigation.For the second controversy: if the exclusion of reasonable suspicion can be applied to administrative litigation cases,which should be applied to which types of cases.In this regard,this paper from the theoretical and practical aspects of the two aspects of the analysis.There are views that should include restrictions on personal freedom,ordered to suspend business and revoke business license and other cases;some view that should include restrictions on personal freedom,a large amount of fines and other matters related to personal rights,property rights,etc.;For the application of the court in practice,the author through the case on the Internet all the reasons for the exclusion of reasonable suspicion criteria to sort out the following conclusions: the practice of the court to exclude reasonable suspicions of the standard types of cases include restrictions on personal freedom cases,,With the parties involved in the case,forced demolition cases and so on.Although in practice the court did not have a unified interpretation of the application of reasonable suspicion criteria,but through combing the summary,combined with a variety of theoretical point of view,this paper concludes: for people involved in personal freedom,significant property rights,legal person production and management rights and Major complex and other cases involving basic rights and interests should be equivalent to the standard of proof in criminal proceedings,that is,to exclude reasonable standards of doubt.
Keywords/Search Tags:administrative litigation, proof standard, exclusion reasonable doubt
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