Study On The Burden Of Proof Of Plaintiff In Administrative Litigation

As the core content of the rules of evidence,the concept of burden of proof can be traced back to the ancient Roman period,and has been used by countries all over the world.The Civil Procedure Law does not expressly stipulate the burden of proof.It was only for the first time in 1989 that the Administrative Litigation Law promulgated and used the burden of proof on the legal level.However,due to the limitations of China's historical conditions and the lag of legal construction,the Administrative Litigation Law did not define the concept of burden of proof,which has caused great controversy among Chinese scholars on the concept and connotation of the burden of proof.The Administrative Procedure Law of 1898 only involved the defendant's burden of proof on the legality of administrative actions,and did not stipulate the plaintiff's burden of proof.Article 27 of the "Several Interpretations" promulgated in 2000 explicitly stated the concept of "the plaintiff's burden of proof" for the first time,and stipulated the relevant matters that the plaintiff should bear the burden of proof.The "Evidence Regulations" promulgated in 2002 evaded the concept of "the plaintiff's burden of proof",but adopted the phrase "the plaintiff provided evidence materials." The Administrative Procedure Law,amended in 2014,once again clarified the burden of proof and evidence of the plaintiff.The current legislation on the plaintiff's burden of proof is not clear,resulting in differences in the understanding of the text,so that the judicial application of the plaintiff's burden of proof is not uniform.This paper analyzes the legal scope and influencing factors of the plaintiff in administrative litigation based on the provisions of the law.By combining the cases in the practice of administrative trials,this paper analyzes the identification standards and operational rules of the plaintiff's burden of proof in administrative inaction cases,administrative compensation cases and administrative agreement cases.It is also proposed to find the basis for the distribution of the plaintiff's burden of proof from the current administrative substantive law,and to unify the law application of the plaintiff's burden of proof in administrative judicial practice.It is conducive to perfecting the rules for the distribution of burden of proof in administrative litigation in China.It is of great significance to speed up the process of administrative litigation,resolve administrative disputes fairly and effectively,protect the legitimate rights and interests of administrative counterparts,and improve the level of administrative trials.This paper consists of three parts: introduction,text and conclusion.The text is divided into five chapters.The first chapter is the theoretical basis of the plaintiff's burden of proof in administrative litigation.This part firstly introduces the different understandings of the content of the burden of proof in the academic circles,introduces the different classifications of the burden of proof in administrative litigation,analyzes the differences in the distribution of burden of proof in administrative litigation under different litigation modes and litigation types,and further proposes the purpose of administrative litigation and special litigation procedures.The plaintiff is required to bear the burden of proof.The second chapter is the legislative change and scope of the plaintiff's burden of proof in administrative litigation.This part first introduces the legislative evolution process of the plaintiff's burden of proof.In 1989,the Administrative Litigation Law did not involve the burden of proof of the plaintiff in administrative litigation.In 2000,"Several Interpretations" first proposed the burden of proof of the plaintiff.In 2002,the "Evidence Regulations" evaded the burden of proof of the plaintiff.The formulation of the Law and the Administrative Litigation Law of 2014 clarified the burden of proof of the plaintiff;combined with the provisions of the existing provisions,analyzed the statutory scope of the burden of proof in the plaintiff of the administrative litigation,and came to the conclusion that the plaintiff should prove that the prosecution meets the statutory conditions and proves the case of administrative inaction.The fact that the application was failed to prove the fact that the administrative compensation case suffered damage.The third chapter is the influencing factors of the plaintiff in the administrative litigation to bear the burden of proof.This part clarifies that the burden of proof of the plaintiff in the administrative litigation is affected by these three factors from the three aspects and they are the plaintiff's interest in the lawsuit,the closeness of the plaintiff's access to the evidence,and the scope of the plaintiff's and the substantive rights.The forth chapter is the standard and existing problems to identify the plaintiff's burden of proof in administrative litigation.This part combines the cases in the practice of administrative trials to analyze the determination of the plaintiff's burden of proof in different administrative cases in the practice of administrative trials;and points out the problems of the plaintiff's burden of proof in administrative litigation,the excuses and the administrative actions are confusing and affecting the plaintiff's responsibility In the case of distribution,the scope of application of the law by the plaintiff to prove the fact of damage is not clear.In the case of administrative agreement,the plaintiff's burden of proof lacks legal norms,and the burden of proof in administrative litigation is out of the type of litigation.The fifth chapter is about how to to improve the administrative litigation plaintiff's burden of proof.This section puts forward three suggestions to find out the allocation criteria for adjusting the burden of proof between the original defendants and each administrative entity law;to clarify the specific stage in which the plaintiff's burden of proof applies to the administrative proceedings;to clarify the burden of proof according to the type of litigation,and to introduce The administrative litigation classification mechanism to distributes the burden of proof in administrative litigation.