论强化行政诉讼原告的举证地位

On Strengthening the Plaintiff's Status of Presenting Evidence in Administrative Litigation

我国现行法律所确立的行政诉讼举证责任模式基本符合当代行政诉讼的本质和价值,但仍需进一步完善,以更好地提高行政诉讼原告的举证地位。在立法层面上,应修改行政诉讼法典,进一步完善相关法律条文,加强行政诉讼原告举证地位的法律保障;在理解层面上,应遵循现代行政诉讼制度的本质,侧重于对行政诉讼举证地位的保障;在实践层面上,应改变职权探知主义为主、辩论主义为辅的模式,切实提高行政诉讼原告举证时的主体地位。

Distrubution of the burden of proof in the administrative litigation refers to sharing the rights and duties of presenting the evidence among the plaintiff, the defendant and the court which are formed in the course of the negotiation process. At present, the model of the burden of proof basically conforms to the modern administrative litigation＇s essence. To enhance the plaintiffs status of presen- ting evidence well, it is necessary to further perfect the system of presenting evidence. To really strengthen and practically improve the plaintiffs status of presenting the evidence, we should change the administrative litigation law and further perfect the related legal article; we should understand the law according to the legislative original intention and in line with the modern administrative litigation system＇s essence; we should thoroughly transform the model of the burden of proof.