论行政诉讼举证责任

On the Burden of Proof in Administrative Procedure

在行政诉讼中,相对人的任务是提出证据,把当事人引入诉讼程序承担的是提证责任,而被告行政机关则依据法律直接的规定承担对作出具体行政行为的依据和所依据的规范文件举证任务,如若举证不能或不力,则承担败诉后果的法定责任。

There is controversy on how to recognize the burden of proof for administrative litigation. The author thinks that in the procedure of administrative litigation, the private party is liable to put forward the evidence and bring the other party into the process. The administration which is the defendant is li- able for bringing forward the normal paper on which the concrete administrative act is dependent. If the administration fails this liability, it will suffer the unfavorable consequence-losing lawsuit.