On The Construction Of Proof Standard In China's Administrative Litigation

In a litigation activity,the proof standard guides the judge to make what kind of judgment according to the evidence provided by the parties,which determines the direction of the litigation.But in practice,the application of proof standard is a very complicated problem.First of all,this paper holds that the unity of objectivity and subjectivity is the esstential property of proof standard in a litigation,and on this basis,it analyzes that proof standard in administrative litigation has the characteristics of censorship and pluralism in further.Secondly,the paper illustrates the necessity of construction of the multi-level proof standard in administrative litigation from perspective of the problems of the current norms and the needs of the trial practice.Provisions on proof standard in the current administrative procedure law is relatively abstract,difficult to operate in practice,which provides space for judicial interpretation to set it up further in specific.Meanwhile,the different types of proof standard in administrative litigation adopted by different countries also provide a lot of useful enlightment for the construction of multi-level proof standard in admisistrative litigation.Thirdly,the paper believes that the construction of proof standard in administrative litigation should be different from that in criminal and civil litigation,and it should be consistent with the proof standard in administrative procedure.This paper divides the administrative act into ten different types from the three main factors that affect the proof standard in adminnistrative litigation,and then establishes a set of proof standard system in administrative litigation suitable for China's situation.Of course,the construction of the proof standard in administrative litigation should be based on "legal truth" principle rather than rigidity.The final multi-level construction of proof standard also needs to work in with the reasonable and scientific mental evidence of the judge.Finally,considering the limitation of proof standard itself,it is impossible to overcome its defects through the system design of proof standard,which requires the establishment of some other complementary systems to overcome the defects of proof standard.