行政诉讼证明标准研究

目前学界尚未在行政诉讼证明标准的概念问题上达成共识。对于行政诉讼证明标准内涵的界定,应该从证明标准与法律真实、自由心证和证明责任的关系入手。本文通过比较两大法系行政诉讼证明标准的特点及赖以存在的正当性基础,在坚持法律真实、自由心证和正当程序理念的基础上,提出在区分一般情况和特殊情况的前提下,重构我国行政诉讼证明标准体系的建议。

Research on the Standard of Proof in Administrative Litigation

Until now, the legal community has not reached an agreement about the concept of "standard of proof"in administrative litigation. To define the connotation of standard of proof in administrative litigation, we should set about from the relationship between standard of proof and legal truth, discretional evaluation of evidence and burden of proof. The paper, based on insistence with the conceptions of legal truth, discretional evaluation of evidence and due process, makes the proposition of restructuring the system of standard of proof in administrative litigation under the premise of division of normal and special situations,through comparing the features and the valid bases of the Common Law and Civil Law systems.