Research On The Adoption Of Preponderance Of Evidence In Administrative Procedure Law

As the development of society,many problems are appearing in administrative litigation.At present,the study of preponderance of evidence is chiefly in civil procedural law.As the increasing of the complexity of legal issues,preponderance of evidence which is used in civil procedural law is applied to administrative litigation.For example,instantaneous traffic violation which we often see in daily life,as the lack of surveillance video,administrative counterpart always raise an objection to one traffic police and evidences.With the enhancement of citizens' legal consciousness,the people often raise doubts to one traffic police's behavior;then they will prosecute traffic police.Since the “LiaoZongrong case” begin using preponderance of evidence,justices also start adopting preponderance of evidence.As other cases when searching in the legal system with the key words called “preponderance of evidence”,many cases can be found.However,there are not affirmative disclosure in administrative procedure law,so many problems are appeared when adopting preponderance of evidence.This article mainly includes three parts:the affirmation of preponderant evidence,the problems remaining in adoption of preponderant evidence and several advises for those problems.