The Burden Of Proof In Administrative Proceedings

As an important issue of the evidence system,the burden of proof plays an important role in civil,criminal and administrative litigation systems.Compared to criminal litigation and civil litigation,the administrative litigation has certain particularities.Therefore,it also has certain particularities in the study of the burden of proof.Under the background of the increasingly extensive field of administrative law enforcement and the increasingly complex types of law enforcement,it is neither reasonable nor scientific to set up such a system that administrative actions are evidenced by the administrative organ.In the administrative litigation burden of proof system,when studying the concept,nature of the burden of proof,the design of the distribution rules,etc,we should learn from the advantages of the litigation system in various countries in the world and combine the actual conditions in China to explore the theory of burden of proof that suitable for China's administrative litigation field.At the same time,there are many problems in the burden of proof in administrative litigation in China.For example,the nature of the burden of proof is not accurately defined,the burden of proof allocation rules is not reasonable,limitation of burden of proof system is not perfect,it has a problem with the connection of public interest litigation.Therefore,in order to improve the system of burden of proof in administrative litigation in China,we should solve relevant problems in a targeted manner on the basis of the legislative purpose of protecting the interests of relatives,and establish and improve the system of burden of proof in administrative litigation with Chinese characteristics.