行政诉讼客观证明责任的分配研究

行政诉讼客观证明责任的分配是诉讼法上的永恒话题。本文认为,被告对被诉具体行政行为的合法性负证明责任是对《行政诉讼法》第32条的正确解读,但是被告证明合法性理论的支持理由存在诸多缺陷,具有实质正义的规范理论仍应成为行政诉讼客观证明责任分配的基本理论。

A Research on the Objective Distribution of Burden of Proof in Administrative Litigation

The distribution of Objective Burden of Proof is a lasting theme disputed in Administrative Procedural Law. In this essay, the writer considers the proper explanation of the 32 article of Administrative Procedural Law concludes that the defendant should bear responsibilities to prove the legality of its specific actions in administrative affairs. However, there have not been sufficient and effective reasons to justify this distribution of Burden of Proof. Therefore, a standard theory on a substantial justice basis is still needed as the fundamental theory of this issue.