2009•Journal of Shaoyang UniversityRequires access

Reconstruction Of the Standard Of Proof in Administrative Litigation

Yingmei Luo

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Abstract

Administrative proceedings' proof standard is situated between the criminal prosecution and between civil action's proof standard,our country's administrative procedural law stipulated the proof standard still paused in the unified proof standard,in the academic circle and the judicial practice also presented the tertiary proof standard,although it could carry on the reasonable division theoretically,but practiced actually still had the operation difficult problem.Therefore,the construction administrative proceedings' double proof standard is a new outlet.

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What this paper is about

Administrative proceedings' proof standard is situated between the criminal prosecution and between civil action's proof standard,our country's administrative procedural law stipulated the proof standard still paused in the unified proof standard,in the academic circle and the judicial practice also presented the tertiary proof standard,although it could carry on the reasonable division theoretically,but practiced actually still had the operation difficult problem.Therefore,the construction administrative proceedings' double proof standard is a new outlet.

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Available abstract

Administrative proceedings' proof standard is situated between the criminal prosecution and between civil action's proof standard,our country's administrative procedural law stipulated the proof standard still paused in the unified proof standard,in the academic circle and the judicial practice also presented the tertiary proof standard,although it could carry on the reasonable division theoretically,but practiced actually still had the operation difficult problem.Therefore,the construction administrative proceedings' double proof standard is a new outlet.

Key concepts: Burden of proof, Action (physics), Law, Situated, Standard of review, Law and economics, Computer science, Political science

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