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Administrative proceedings that the standard

Author: CuiXiaoZuo
Tutor: JieZhiYong
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative proceedings Standard of Proof Legal Truth Free evaluation of evidence Burden of Proof
CLC: D925.3
Type: Master's thesis
Year: 2008
Downloads: 257
Quote: 1
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Abstract

The standard of proof is the system of the heart and soul of the evidence, the evidence system is the core of the litigation system, therefore, the administrative proceedings the standard of proof theory and practice conditions have a profound impact on the reform process of the Administrative Procedure Law. October 1, 2002 through the Supreme People's Court provides that \clear, specific provisions and insufficient to deal with the problem of judicial practice. Many scholars from abroad to mature and prove on the basis of the standard theory, civil and criminal proceedings to prove the standard as the basis, constantly trying to build for our administrative proceedings standard of proof, but has not yet formed a unified understanding. This paper argues that the standard of proof, must change the over-reliance on the status of the system of civil and criminal proceedings, to seek institutional support within the administrative proceedings, to give the administrative proceedings and standard of proof in an independent study the establishment of administrative proceedings. This article is divided into four chapters. The first chapter is the standard definition of the administrative proceedings to prove, first discussed the connotation of the standard of proof. The academic world has not yet reached a consensus on the standard of proof of concept, but comprehensive view of each, \The standard of proof to start with the relationship of these three core concepts, a clear definition of the connotation of the standard of proof. On this basis, the paper analyzes the administrative proceedings to prove the particularity standard because of the nature of the proceeding showing, mainly in the following two aspects: First, with civil, criminal proceedings to prove the standard differences; with the administrative procedures that standard to undertake. The second chapter introduces the Two administrative proceedings that the standard system, and draw benefit the revelation of the perfect proof of China's administrative litigation standard. Established earlier, legislation and case law on the standard of proof in proceedings in the West two legal standard of proof on the administrative proceedings as the result of different legal background is different, an overview on the basis of his State to prove that standard, and are summarized, their characteristics and the legitimacy basis, so that in our country in other countries for reference system to compare, benefit from cultivating their local applicability. Chapter III of administrative proceedings to prove the standard specification and empirical research, this is the starting point for the Construction of administrative proceedings to prove the standard, only exist in the clear reality in order to make appropriate choices in a kaleidoscope of institutional theory. From the administrative proceedings that the legislative history of the standard view, the legal reality is gradually replaced by the objective truth and passed by the Legislative recognition to prove that the specific build of the standard will also be on the basis of legal real. This paper argues that the three lawsuits for the same standard of proof \Combing through legislation, the standard of proof to prove the current administrative litigation is absolutely different from the standard of proof for the other two proceedings. Prove the feasibility of a standard for the full proof of a current administrative litigation, the article refers to two representative cases, the results exposed the drawbacks and shortcomings of the existing legislation, including: too simple, not transparent enough, unfettered, and too strict. Chapter IV focuses on China's administrative litigation to prove the standard reconstruction. First, this paper reviews the academic attempt to build a new theory, diversity and hierarchy of the standard of proof has been basically generally recognized, its drawback is the lack of \The standard of proof is not a castle in the air, have to be established on the basis of, take a look at a Western standard of proof system, whether strict or loose, can effectively play its functions, the key lies in the support and coordination of related systems. Therefore, the standard of proof that build administrative proceedings must not only focus on one point, you must also be increased and improved operating environment. This paper argues that the standard of proof of China's administrative litigation system can be stated as follows: adhere to the true philosophy of law, the principle of free evaluation of evidence and procedural justice concept on the basis of the distinction between the standard of proof of the legal and factual issues; a question of fact beyond a reasonable doubt standards for the general standard, supplemented by the preponderance of evidence standard; the same time, establish a sound system, the development and improvement of the standard of proof of the administrative proceedings, including: convergence with the burden of proof; public guarantee of free evaluation of evidence; the establishment of administrative procedures The standard of proof.

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