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Study On The Bruden Of Proof On The Plaintiff At The Prosecution Stage In Ecpropriation Compensation Cases

Posted on:2021-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiFull Text:PDF
GTID:2416330623980751Subject:legal
Abstract/Summary:PDF Full Text Request
The purpose of exercising the litigation system in China is to resolve administrative disputes,protect the legitimate rights and interests of citizens,legal persons and other organizations,and supervise the administrative organs to exercise their functions and powers according to law.However,in judicial practice,the plaintiff often bears excessive burden of proof beyond the law in the prosecution stage.This is particularly evident in the case of forced removal of collection cases.Due to the illegal acts of the administrative organs,it is difficult for the plaintiff to directly prove that the prosecution meets the statutory conditions,and it is often rejected by the court,or rejected after the case is filed,and it is difficult to smoothly enter the substantive hearing procedure.In response to this problem,this paper uses the method of case analysis and the method of normative analysis,aiming at sorting out the evidences that the plaintiff should bear in the prosecution stage under normal circumstances,analyzing the difficulties of the plaintiff in the compensation case and finding suitable The method reduces the difficulty of the plaintiff's evidence,breaks the dilemma of proof,and prompts the plaintiff to smoothly enter the proceedings and safeguard the legitimate rights and interests of the plaintiff.
Keywords/Search Tags:forced demolition in collection cases, burden of proof, factual presumption, standard of proof
PDF Full Text Request
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