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The Burden Of Proof In The Administrative Litigation

Posted on:2019-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q XiangFull Text:PDF
GTID:2416330545994272Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The burden of proof is a very important and very complicated system,theoretical basis of the burden of proof in administrative litigation of our country did not cause the attention they deserve.This leads to the current our country areas facing the introduction of the burden of proof in administrative litigation,the burden of proof and the burden of proof on the connotation of the concept of existing conflict,is the overlapping on the field,the fact that the plight of evidence theory in the process of the system is broken down.This article attempts to resolve this dilemma provides a path that is itself radically burden of proof.In this paper,the structure of this paper is divided into four parts.The first part,this section through the represented by German civil law countries and Anglo-American law system countries represented by America's elaborates the concept of burden of proof and the comparative analysis,put forward two important legal systems due to the institutional basis,legal methodology etc.There is a huge difference,to a pulse,unity of theoretical research,this article puts the burden of proof in the civil law of modern concept of burden of proof for the object,namely abstract the burden of proof,is only includes subjective abstract objective burden of proof and the burden of proof,and exclude specific proof responsibility,it also determines the nature of the burden of proof is not evidence rule but a referee rules,the effect of the field is not the case that the process,but litigation at the beginning and end in apocryphal the two time points.The second part,from two perspectives of theory and legislation combed the burden of proof in administrative litigation in our country,establishing process and the current our country and the understanding to the burden of proof was established for deep thoughts.First theoretically speaking,the use of mixed the burden of proof,in based on the behavior of meaning,based on the results in terms of meaning,also has a double meaning based on the behavior and results,which directly affect the follow-up for the burden of proof allocation and lighten the burden of proof technology.Second,didn't have established outside the burden of proof on administrative litigation legislation double meanings,on the burden of proof is still not get rid of a through understanding of the subject of litigation barriers.This relative to the new legislation in civil lawsuit field dynamic it showed clear attitude,legislation on the use of the burden of proof in administrative litigation slightly behind.The third part,in order to better understand the operating mechanism of the burden ofproof,form the correct understanding of burden of proof,get rid of the difficulties faced in the current theory and legislation,this part is about the theoretical basis on the thorough analysis.First,expounds the logic premise of the objective burden of proof in administrative litigation of our country in the field of objective existence,on the basis of this puts forward strict to understand and apply the concept of authenticity is unknown is the key to grasp the concept of objective burden of proof.Second,,through transverse compare the mainland legal system countries administrative litigation mode demonstrates the subjective abstract the burden of proof and debate between this connection.The fourth part,to reconstruct the burden of proof in administrative litigation in our country its connotation should only include the subjective abstract burden of proof and the objective burden of proof,only based on the correct understanding of the comprehensive grasp into the field can exert the function of administrative litigation,including the realization of the function of the referee specification tolerance of sentence because of the burden of proof to make itself is auxiliary,but ignored by the current code of conduct function is the main function of the burden of proof.This to resolve the current administrative litigation of our country some problems faced by providing a new resolve way.
Keywords/Search Tags:the objective burden of proof, the subjective burden of proof, the abstract burden of proof, the specific burden of proof
PDF Full Text Request
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