行政诉讼举证责任的分配

On the Allocation of Responsibility of Citing Proofs of Administrative Proceedings

行政诉讼的价值取向在理论上有"控权说"和"保权说",我国的行政诉讼是建立在"控权说"的基础上的。行政诉讼证据是法院解决行政纠纷的根据,当案件事实真伪不明时,就涉及到举证责任及其分配。在举证责任分配时,要考虑举证能力的强弱、难易程度、利益关系等。就我国而言,行政诉讼举证责任有一般原则即"举证责任倒置"和例外原则即原告举证。

Two orientations of value in administrative proceedings are protection of right and control of right, based on the latter of which Chinese administrative proceedings are built. Proofs serve as the grounds for solving administrative disputes. The responsibilities of citing proofs will be concerned with litigant claiming for the fact. Citing abilities, difficulties in citing and interested parties are supposed to be considered when responsibilities are allocated. A general principle, inversion of onus probandi, and an exception principle, the onus of proof being on the plaintiff are adopted in China.