Study On The Distribution Of Burden Of Proof In Administrative Omission Litigation

The burden of proof is an important part of the whole system of evidence rules.Administrative omission is different from administrative action,and administrative omission lawsuit is a special administrative lawsuit.The newly revised administrative procedure law adds provisions on the distribution of the burden of proof of administrative omission litigation,which not only reflects the importance attached to this issue,but also reflects the urgent need to solve such cases in judicial practice.However,the provisions of the new administrative procedure law on the distribution of the burden of proof of administrative omission litigation are still too simple and simple,and there is no explanation on the distribution of the burden of proof of other facts to be proved,and there is a lack of specific guidance on its extension,resulting in many disputes in judicial practice.At the same time,in terms of the transfer of burden of proof,the lack of unified guidance and reference standards has led to the phenomenon of "different judgments for the same case" in judicial practice,which has affected the judicial unification and the establishment of the distribution system of burden of proof.Therefore,research on the distribution of administrative omission litigation burden of proof can not only effectively solve the disputes encountered in the judicial implementation,but also play a very important role in the improvement of administrative omission litigation burden of proof system and the establishment of administrative litigation burden of proof distribution system.The thesis is composed of introduction,text and conclusion.The first part is an overview of the burden of proof in administrative litigation.This part starts with defining the concept of the burden of proof in administrative litigation,analyzes the two legal systems and the definition of the concept of the burden of proof in China,clarifies the meaning and nature of the burden of proof in administrative litigation,and lays a foundation for the continuation of the following part.The second part is about the administrative omission litigation burden distribution of special provisions.This part from the definition of administrative omission,according to the characteristics of administrative omission analysis of the special distribution of administrative omission litigation burden of proof,and then introduces the system of the legislative development.The third part is about the administrative omission litigation burden distribution problems.This part is to "administrative procedural law"(2015)issued after the revision of the typical case,this paper extracted from the case the current administrative nonfeasance litigation in judicial implementation of distribution of evidential burden is the controversial focus,namely,whether the defendant received application and the burden of proof shift in the burden of proof allocation problems,and then the theory of contact and the actual,combined with the law and the facts of the case to the existing problems are analyzed.The fourth part is about the Suggestions of perfecting the distribution of burden of proof in administrative omission litigation.This part is based on the problem analysis of the third part,aiming at specific problems,combining legal provisions and the reality of the case,put forward effective Suggestions to solve the problems,in order to improve China's administrative omission litigation burden distribution system.