A Study On Responsibilities Distribution In The Burden Of Proof For Administrative Agreement Lawsuits

With the deepening of the rule of law in an all-round manner,the construction of a government under the rule of law is in the ascendant,and the unilateral administration of traditional administrative subjects has begun to move toward cooperative administration such as administrative agreements and administrative guidance.The new Administrative Litigation Law revised in 2014 formally incorporated administrative agreements into the scope of administrative litigation.The government's implementation of administrative actions in the form of agreements with administrative counterparts has become the main form of administrative management.However,the study on the relevant theories and systems of administrative agreements is still in its infancy.There are no systematic and complete theoretical and institutional frameworks for the types of agreements,effectiveness judgments,distribution of burden of proof,and application of judgment forms.This paper focuses on the theory and system construction of the burden of proof in the administrative agreement litigation,starting from the administrative and contractual property features of the administrative agreement itself,analyzing the traditional system of the distribution of burden of proof and the current “Administrative Procedure Law” and the “Civil Procedure Law” in China.The development status of the distribution of burden responsibilities and statutory rules,combining the nature of administrative agreements with the rules for the distribution of burden of proof in administrative litigation-"administrative authorities bear the burden of proof" and the rules for the allocation of burden of proof in civil proceedings-"Who advocates,who gives evidence" In accordance with the nature of the division of actions,the development process of the conclusion and termination of administrative agreements,and the types of litigation requests,a multi-perspective analysis of the multi-dimensional nature of administrative procedural litigation burdens and the construction of a unique burden responsibilities distribution rule of the administrative agreement itself.In addition to the introduction,the full text consists of five parts.The introduction mainly introduces the origin of the topic,the current research status of the burden of proof in the administrative agreement lawsuit,the research methods adopted,the research innovation,and the theoretical and practical significance of the research.The first part summarizes the institutional deficiencies in the existing viewpoints,currentregulations,and judicial practice by summarizing the existing administrative rules on the distribution of the burden of proof in the existing perspectives,current regulations,and judicial practice.Find out the pros and cons,and analyze the burden of proof,distribution of burden of proof,and administrative agreements on the basis of practical problems.Basic concepts such as the allocation of burden of proof in litigation.In the second part,through the analysis of the attribute of the administrative agreement in China's current administrative litigation theory,the author discusses the matching of the distribution responsibilities of the burden of proof in the administrative agreement lawsuit and the legal attributes of the administrative agreement in order to construct an administrative agreement litigation that is different from administrative litigation and civil litigation.Burden of proof distribution rules.The third part analyzes the similarity between the administrative agreement and the civil contract,fully absorbs the similar rules that draw on the distribution of burden of proof in civil lawsuits.From the perspective of the behavioral perspective,the development process of the administrative agreement and the types of litigation requests are taken in.To discuss the new direction of the distribution of burden of proof in administrative agreement lawsuits.The fourth part analyzes and summarizes the advantages and disadvantages of the existing distribution rules of the burden of proof in administrative agreements,explores new perspectives for observation,and constructs a "balanced mode of proof-sharing benefits",an "inversion mode of burden of proof",and an "evidence-evidence and third-person proof mode".Three models of administrative agreement litigation burdens assign new rules.In the fifth part,on the basis of summing up the conclusions of the full text,it is expected that the inevitable trend of the legalization of the system of burden of proof in administrative agreements lawsuits.