Study On Certificate Standard Of Administrative Proceedings

Proof institution is the lore of the litigation system. And certificate standard is the core and soul of the proof institution. So the study on certificate standard has great theoretical and practical importance. For example, certificate standard has a guiding significance on a party concerned and is also the standard of proof for a judge having a conclusion of the case fact. In the case of administrative proceedings, certificate standard plays a significant role in perfecting .Thus,in order to improve the theoretical research of certificate standard of administrative litigation ,and then impel legislation of it.The author write this article,which is abased on achievements as shown in earlier works and the theory and methodology. This paper begins with basic theories of certificate standard of administrative litigation, investigates existing laws concerning certificate standard of administrative litigation, analyzes the many maladies of certificate standard of administrative litigation, expounds the necessity of reestablishing a system of certificate standard of administrative litigation for our country.In order to reconstruct a system of certificate standard of administrative litigation, this text needs to use the overseas advanced experience reasonably, talks through the factors of administrative behavior (such as pluralism, litigation costs, lawsuit pattern and so on), integrates free evaluation of evidence into legal control and supervision, and finally Gives following suggestions:The first step is to envisage free evaluation of evidence , whose verification mode is base on the rules legal evidence; The second step is to set out from three angles that are the applicability of plaintiff and defendant, the applicability of matter of law and fact, and the applicability of different types of administrative lawsuit, and to set up diversifying certificate standard of administrative lawsuit that suits the specific conditions of our country, which is a multilevel and complex dynamic system combining with free evaluation of evidence.