On The Public Security Organs In Administrative Proceedings Of The Burden Of Proof

In this issue, Shanghai for example, the author tries to invoke and analyze the the burden of proof by public security organs in administrative proceedings through the data and cases that collected in public security work in practice from an administrative point of view of the proceedings. This issue also gives several proposals on the allocation of burden of proof that currently present in the public security administrative proceedings and on improving public security and administrative litigation system of the burden of proof.The issue is divided into three parts. The first part of the article analysis on the outcome of the statistical turns to the point that clear evidence of public security is the key to successful administrative proceedings. The second part of article combined with the the public security administrative case against the analysis of the key reasons for the lack of clear proof and propose measures and work to improve public security administrative proceedings the burden of proof system for a number of recommendations.It is the general principle that the defendant should bear the burden of proof is the public security administrative proceedings, but not by the public security organs of the accused to bear all the burden of proof. The third part of the article put forward the boundaries of the public security organs of the burden of proof, that the plaintiff, the court-free card and the fact that evidence constitutes a public security administrative proceedings the burden of proof of exceptional circumstances.It is the addition to the basic principles of burden of proof to the defendant.