Study On The Burden Of Proof In Adminisrative Agreement Litigation In My Country

As the product of the continuous development of the market economy in the new era,the administrative agreement is an important manifestation of major changes in modern administrative management,and is a new type of administrative behavior in which the government and society are jointly built and the public participates in social governance.As a new product,due to its uniqueness and complexity,when disputes arising from administrative agreements enter the litigation process,there are many problems that need to be resolved.Because it has both administrative and consensual characteristics,it is different from general administrative litigation and requires comprehensive consideration of the relevant provisions of the Administrative Procedure Law and the Civil Procedure Law.This article introduces the current situation of the distribution of burden of proof in administrative agreement litigation in China,and uses case analysis to sort out the problems in the distribution of burden of proof in administrative agreement litigation in judicial practice,combined with the "Provisions on Several Issues in Administrative Agreement Cases" regarding the distribution of burden of proof Provisions: Analyze the imperfections of the existing administrative agreement litigation burden of proof distribution system,relying on the administrative and consensual characteristics of the administrative agreement,and based on the plaintiff’s litigation request as the standard for dividing the six types of litigation that the plaintiff may have Request one by one to enumerate and analyze one by one what matters the plaintiff and defendant should bear the burden of proof under different litigation requests,so as to construct the rules for the distribution of burden of proof in administrative agreement litigation.This article is divided into five parts.The first part is the introduction.Through the development of administrative agreements and existing problems,the focus of this article is introduced-the construction of the distribution of burden of proof in administrative agreement litigation.The second part summarizes the connotation of administrative agreement and the particularity of burden of proof in administrative agreement litigation.The third part introduces the current situation of the burden of proof in administrative agreements,including the research on the distribution rules of burden of proof in administrative agreement litigation and the current status of legislation.The fourth part analyzes the problems in the distribution of the burden of proof in administrative agreements in judicial practice by sorting out some typical cases including the uneven distribution of burden of proof,the confusion of the law application of the burden of proof rules,etc.The new regulations were subsequently introduced to solve There are some problems,but there are still problems that need to be improved,including insufficient regulations and unregulated certification standards.The last part addresses the problems of the above-mentioned new regulations.First,it introduces the necessity of classifying the types of administrative litigation based on the plaintiff’s litigation claims,and then combines the characteristics of administrative agreements to construct the distribution of the burden of proof in administrative agreement cases under different litigation requests.Specific rules provide new ideas for the study of administrative agreements and their application in judicial practice.