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The Research on the Responsibility of Proof in Administrative Procedure of China

Author: GuoPengFei
Tutor: YangGuang
School: Changchun University of Science and Technology
Course: Constitutional and Administrative Law
Keywords: Administrative proceedings the burden of proof Assigned the status quo Absence of legislation Reallocation
CLC: D925.3
Type: Master's thesis
Year: 2009
Downloads: 135
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Abstract


The authenticity of the facts of the case is unknown in the administrative proceedings is the norm , so nothing applicable by law , but the judge must be the case in the end , what is to be borne by the parties where the interests of the litigation is not ? This is the central question of the burden of proof . Set the burden of proof in administrative proceedings aimed at the court in the case of difficult to confirm the facts , discern right from wrong , equality interest complaint, to resolve the dispute . Any litigant in order to make themselves in a favorable position in the course of the proceedings , always do everything possible to find evidence to their advantage to support or prove their claims . But in the course of the proceedings , whether certain facts exist or Nanbian true and false , can not be accurately identified , one-way can not give up their judicial functions , the burden of proof is out of this predicament . The burden of proof is to establish a method of determining in favor of and against the rules , it is the system that is associated with an adverse legal consequences , can not be brought about by the risk of losing its significance is to determine the burden of proof borne by the parties where . This system design allows the court to make solid judgment in the case of the authenticity of the facts unknown to be based on certain rules , so that in all cases regardless of the facts can be proved , are able to make a decision , to determine the rights and obligations of the parties . The burden of proof as the clear facts of the case authenticity unknown entity should be how to deal with the rules , is the most powerful means to resolve disputes between the parties . According to this rule , even if in fact difficult to identify , but also allows the court to determine who wins , who will be losing . Specific rules and administrative proceedings the burden of proof of the value of departure from the general theory of the burden of proof to explore the nature of the administrative proceedings the burden of proof , the burden of proof allocation based on the allocation of the burden of proof , which leads the Administrative Litigation burden of proof in the lack of administrative proceedings the burden of proof to make a few suggestions on how to improve .

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