The standard of proof of health administrative penalty
The standard of proof exists in health administrative penalty and should be consistent with the stand-ard of proof of administrative litigation.However,administrative penalty precedes administrative litigation and lacks neutral proof adjudicator,and its procedural structure determines that the proof standards of individual cases cannot be equal to those of administrative litigation.The standard of proof of health administrative penalty is multi-layered and dynamic,related to the degree of influence of administrative penalty on the rights and obligations of the parties,the stage of administrative penalty procedure,the proof object and the proof subject.As the degree of influence on the rights and obligations of the parties increases or the stage of the administrative penalty procedure progresses,the proof standard increases progressively.The standard of proof is statutory and discretionary,and based on efficiency and fairness,the administrative organ can adjust the standard of proof and achieve proof according to the situation of each case.The standard of proof and the burden of proof have an interactive relationship,and the intermediate standard of proof is more likely to cause the truth of the facts to be unclear,and then apply the burden of proof of results.The function of the standard of proof is not to restrict the administrative organ's proof activity,but to guide the advancement of the proof process.
Health administrative penaltyStandard of proofBurden of proof
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