Administrative Proceedings Standard Of Proof Research

Standard of proof is important of the action system, it is the standard of party who perform the burden of proof and judge who judge the cause. But we have only on kind of standard pattern which be applied to three different kinds of action. This "only one" pattern have been criticized and rejected, and the standard of criminal and civil proof have build up their own system which broke the traditional pattern. While the standard of administrative proof has not any change. It due to the unaccomplished legislation and scarce research. So, in order to accomplish the research of standard of administrative proof, and then accelerate legislation, author write this article, which is based on the research that are the productions of pundits. Of course, because of limited information and research ability, author own know that the article has a lot of defects, and hope critique .The major writing method of this article is comparison. The information include the legislation and research of the standard of criminal proof and the standard of civil proof, the standard of administrative proof of our country and foreign countries. The article have four chapters. The first one "The sketch of the standard of proof" , which deals with the conception of the standard of proof, some common standard of proof and the current standard of proof in our country. The second one "The comparison of three kinds of action" , this question is the specialties of the standard of three proves in which author compare the standard of criminal and civil proof to the standard of administrative proof, then author summarizes the specialties of the standard of administrative proof.The third one "The research of the standard of administrative proof in foreign" , author compares some foreign countries concerned system, then summarizes the common standard of administrative proof which can bestudied and introduced to perfect our own system. The last but not the least one "Building up our own system of the standard of administrative proof" , this chapter have three question, the first question is the actuality of the standard of administrative proof in our country, including the actuality of legislation and research. In the second question author narrates the factors that should be attention. Then, author put the ideal of system, it is a system which is many-faceted, use the free proof pattern which is based on legal proof .