The Defendant-Prove-Procedure in Administrative Litigation

It is the characteristic of administrative litigation that the court review the legality of concrete administrative acts and the defendant should provide the evidence according to the legal procedure rules. “Administrative litigation law” and judicial interpretation establish the system of defendant's burden of proof in administrative litigation, and formulate the normative framework of defendant's proof procedure with administrative evidence characteristics. While lacking further rules to ensure the enforcement of defendant's proof rule, some problems of procedure rules have shown up in practice. So it is important to establish the following rules to ensure the court's function of judicial review over concrete administrative acts. These rules are the ascertaining rule of providing all evidence by defendant, the proving rule of putting forward evidence in legitimate period, the judging rule of reasonable causes for postponing proof and the proof period rule after the objection to jurisdiction.