我国行政诉讼举证责任的缺陷及立法建议

我国行政诉讼法及有关法律、法规和司法解释对行政诉讼举证责任作了比较全面和系统的规定。但是,随着司法实践的不断深入,我国的行政诉讼举证责任制度的不足和缺陷日益凸显。因此,应从理论和实践上对其进行研究,为立法提供理论基础和支持。

China＇ s Administrative Procedure Law and the relevant laws, regulations and judicial interpretations made more comprehensive and system requirements for the burden of proof in administrative proceedings. However, with the continuous deepening of judicial practice, China＇ s system of the burden of proof in administrative proceedings has had the deficiencies and shortcomings which become increasingly prominent. Therefore, the theory and practice for their studies provide a theoretical basis and legislative support.