行政赔偿中损害事实举证责任之重构——以行政程序违法为切入点

Reconstruction of damage fact burden of proof in administrative compensation

本文试图从行政机关违反法定程序致使行政相对人陷入的举证困境出发,分析现行法律供给的不足及其突围之路,希翼对权利救济有所裨益。

This paper does not stand that all the damage fact burden of proof should be distributed to the administrative subject unconditionally, however, in order to do some benefit to the right remedy, the author tries to analyse the insufficient supply of administrative law and the way of breakthrough from the diemma of proof which the administrative subject entraps the counterpart into because of its breach of the statutory procedures.