On The Application Of The Standard Of Excluding Reasonable Doubt In Administrative Litigation

The standard of proof is of great significance for any type of action,and it guides the judge to make a judgment based on the evidence provided by the parties.The diversity of administrative actions and the complexity of administrative cases require that the standards for proving administrative proceedings can be adapted to the needs of different cases.In contrast,the relevant legal provisions of China's administrative litigation certification standards are relatively abstract and lack operability.Regarding the standard of administrative litigation certification,there is no direct and specific regulation in China's legislation,but it is reflected indirectly in Articles 69 and 89 of the newly amended Administrative Procedure Law in 2014.According to the above clauses,China's administrative litigation certification standard can be introduced from the positive and negative provisions as a standard of clear facts and sufficient evidence.This standard belongs to the category of objective and true standards,basically in line with China's current Civil Procedure Law and Criminal Procedure.The provisions of the Act on certification standards are consistent.However,compared with the exclusion of reasonable suspicion,the standard of certification in criminal and civil proceedings has been correspondingly recognized.This standard of certification appears to be in an awkward position in China's administrative litigation.Establishing the standard of excluding reasonable doubt in China's administrative litigation is not easy.The consistency between the value connotation of excluding reasonable doubt and the value goal of China's administrative lawsuit determines its status in administrative lawsuits.Clear boundaries can be drawn for the types of administrative cases to which it applies.By collecting,summarizing,and analyzing the administrative cases that apply the standard of excluding reasonable doubt,it can be found that due to the general and vague provisions of the Administrative Procedure Law on the standard of certification,there is no relatively stable and uniform application of the standard in judicial practice.Conditions have led to a wide variety of applications by the courts,that is,there are irregularities and inconsistencies that rule out reasonable doubts about the application of standards.Although some scholars in the theoretical world and some courts in practice have proposed that "when a case has a significant impact on the rights and interests of theparties" and "the case has a significant impact on the rights and interests of the parties",the standard of excluding reasonable doubt should be applied.We also don't know which rights can be called "significant rights".In this regard,by collecting and reading cases,and guided by the idea of applying the criterion of exclusion of reasonable doubt in criminal proceedings,it attempts to consider the types of cases that exclude the application of reasonable doubt in administrative proceedings from the perspective of citizens' basic rights.Finally,it was concluded that in administrative detention,work injury confirmation,cases involving major property rights,the right to sue,the right to education,and other cases involving the basic rights of citizens,the court should apply the strictest standard of proof,that is,the standard of excluding reasonable doubt.