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Study on Allocation of the Burden of Proof in Administrative Proceedings

Author: LiYongHong
Tutor: HuXuGuang
School: Shanxi University
Course: Constitutional and Administrative Law
Keywords: Burden of Proof allocation of the Burden of Proof Reconstruction
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 36
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Abstract


In procedural law, the burden of proof is the core of the system of evidence and the allocation of the burden of proof is the core of the burden of proof. Burden of proof in administrative proceedings has been a hot topic in the procedure law schools. Burden of proof in administrative proceedings has been a hot topic in the procedure law schools. Especially the allocation of the burden of proof in administrative proceedings has been in the process of discussion and debate. The reason accounting for setting the allocation of the burden of proof is to promote the smooth progress of the proceedings by clear allocation of the burden of proof. The reason accounting for setting the allocation of the burden of proof in the Administrative Procedure Law is that makes the parties to provide their own adequate favorable evidences by clear allocation of the burden of proof. Which makes the judges are better able to closed the objective truth of the cases when review of specific administrative acts. On this basis the judges magistrates cases achieved outcome of the cases more equitable. But due to the one-sided researches and defects of theories and legislative in allocation of the burden of proof in administrative proceedings, which make the burden of administrative proceedings not really established in the legal level. Also, compared to the research on the defendant’s the burden of proof, much more research has been devoted to the burden of proof of the plaintiff, which make allocation of the burden of proof not a balance between plaintiff and defendant. It results in the legal cases leaving the block in judicial practice and the development of administrative proceedings confined to limited extent. Therefore, the necessity of studying allocation of the burden of proof in administrative proceedings and making contributing to the draw up and improve the administrative proceedings become the mission of every legal person. Which are my purposes and significances of writing this article.The details of this article are research on the basic theory of allocation of the burden of proof in administrative proceedings and to compare and analyze the allocation of the burden of proof in administrative proceedings of foreign. By that succeeded in finding a system of suit our country’s allocation of the burden of proof. At the same time, digging out the cause of the problem and then propose the reconstruction measures by analysis on the current situation and flaw of allocation of the burden of proof in china. Based on these ideas, except the introduction and conclusion, the present paper is divided into four parts:The first part deals with the basic theory of allocation of the burden of proof in administrative proceedings. Which primary research on the meaning of burden of proof in administrative proceedings and the meaning of allocation of burden of proof in administrative and the historical evolution of its. Among them, the study on the meaning of the burden of proof in administrative proceedings is subdivided into the definition of burden of proof in administrative proceedings and the relationship between burden of proof in administrative proceedings and burden of supply proof and the nature of burden of proof in the administrative proceedings.The study on the meaning of allocation of burden of proof in administrative is divided into defining the concept of allocation of the burden of proof in administrative proceedings and the relationship about allocation of the burden of proof in between administrative proceedings and civil proceedings and the theoretical basis of allocation of the burden of proof in administrative proceedings. Tracing the origin of the basic theory aims to provide a good foundation for writing this article.The second part deals with the reference to allocation of burden of the proof of foreign. Arrive at the aspects about our country utilize on allocation of the burden of proof of the two legal systems and the characteristic of our country by to analyze allocation of the burden of proof in administrative proceedings of typical country of common-law system’s country and civil-law system’s country.The third part details with about the current situation of the allocation of the burden of proof in administrative proceedings, which subdivided into theory and legislative and judicial interpretation. The purpose of it is to discover its shortcomings and to further find out the cause.The fourth part details with the reconstruction about allocation of the burden of proof of in administrative procedure of china. This part is the core of the article. By analyze to the current situation and the reasons for its weaknesses, proposed the specific restructuring measures about allocation of the burden of proof in administrative proceedings in China. It calls the legislative changes ideas.In my opinion, the restructuring measures should be done from the following aspects. First, the specific categories about the burden of proof. The second, the rules about allocation of the burden of proof in administrative proceedings. The Third, the rules of allocation of the burden of proof in administrative proceedings should be specific.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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