Practical Issues and Improvement Suggestions on the Standard of Proof in Administrative Litigation
Currently,there are no clear legal provisions regarding the standard of proof in administrative litigation in China.The lack of clear guiding rules has led to certain practical issues,such as the unclear understanding of the relationship between the standard of proof in administrative litigation and administrative procedures by administrative agencies,the ambiguity in the application of the standard of proof in administrative litigation,and the frequent occurrence of the phenomenon of"different standards for the same case".In response,the academic community is actively seeking solutions,but there is significant controversy regarding the construction of the system for the standard of proof in administrative litigation.To improve the standard of proof in administrative litigation,it is essential to clarify its foundational value concepts and to clearly understand the relationship between the standards of proof in administrative litigation and administrative procedures.In terms of system construction,a typological system of the standard of proof in administrative litigation can be formed,consisting of the standards of reasonable possibility,clear and persuasive evidence,and exclusion of reasonable doubt.In practice,it is necessary to comprehensively consider the types of administrative cases and the extent of their impact on the rights and interests of administrative counterparts,and to select the most appropriate standard of proof for application.
standard of proofadministrative litigationadministrative procedurestypology
万方数据
维普
