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Study On The Plaintiff’s Burden Of Proof In Adminstrative Litigation

Posted on:2019-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:X J SuFull Text:PDF
GTID:2416330545465868Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The proof of the plaintiff in the administrative litigation is beneficial to the promotion of the status of the plaintiff in the consciousness level,to the comprehensive understanding of the administrative litigation cases,and to the promotion of the trial of the administrative litigation cases.The plaintiff of administrative litigation has its necessity and feasibility,which is mainly embodied in the legal basis and practice basis of the plaintiff’s proof,and the feasibility is mainly embodied in the plaintiff itself has some evidence,and the plaintiff is actively preventing the loss of the lawsuit.In the practice of administrative litigation,the plaintiff shows the problems of insufficient legislative provisions,negative judicial response,backwardness of the plaintiff,and the coercion of the defendant.The main reason is that the concept of history and the rule of law give birth to the inversion of the burden of proof in administrative litigation,and the judicial practice,to a certain extent,is still subject to the intervention of the administrative organs and the relative persons of the administrative act.The consciousness of rule of law needs further improvement,and there is a special relationship between administrative organs and administrative counterparts.In order to improve the plaintiff’s burden of proof in the concept of the rule of law,the plaintiff’s burden of proof,the role of the plaintiff’s burden of proof,the role of the plaintiff’s burden of proof,the relevant provisions of the plaintiff’s proof of proof,the scope of the plaintiff’s burden of proof and the type of the plaintiff change,are reexamined in the concept of the rule of law.The burden of proof is put forward after the reform.We should strengthen the awareness and publicity of administrative litigation at the judicial level,and actively cooperate with the implementation of the burden of proof by the plaintiff.At the practical level,we should eliminate the difficulties of evidence preservation and evidence transfer.
Keywords/Search Tags:administrative litigation, the burden of evidence of the plaintiff, the limited burden of evidence
PDF Full Text Request
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