The burden of proof of health administrative penalty
There exists the distribution of burden of proof for substantive facts in health administrative penalty.The establishment requirements of administrative offence should be penalized has the function to guide the distribu-tion of proof responsibility.The administrative organ first need to prove the conformity of the constituent elements of the separate law,the age of responsibility,presume illegal,normal mental and intellectual health,and subjective fault.The parties involved shall bear the burden of proof in defending and excluding illegal and responsible matters.Administra-tive organ has comprehensive investigation responsibility,so it's not excluded from proving excluded causes of illegality and responsibility.Administrative organ has a dual role as both the party of proof and the referee of proof.If the pending fact is unclear,it should not make administrative penalty.The burden of proof and the standard of proof have a functional conver-gence,and administrative organ can exercise discretion in measuring interests.
NETL
NSTL
万方数据
