行政诉讼的证明标准重构

Reconstruction Of the Standard Of Proof in Administrative Litigation

行政诉讼的证明标准是介于刑事诉讼和民事诉讼的证明标准之间,我国的行政诉讼法规定的证明标准仍然停留在一元化的证明标准,学术界和司法实践中也出现了三重证明标准,它虽然能在理论上进行了合理的划分,但是实践中却仍存在操作困难的问题。因此,建构行政诉讼的二重证明标准才是一条新的出路。

Administrative proceedings＇ proof standard is situated between the criminal prosecution and between civil action＇ s proof standard, our country＇ s administrative procedural law stipulated the proof standard still paused in the unified proof standard, in the academic circle and the judicial practice also presented the tertiary proof standard, although it could carry on the reasonable division theoretically, but practiced actually still had the operation difficult problem. Therefore, the construction administrative proceedings＇ double proof standard is a new outlet.