试论我国行政诉讼举证责任分配的完善

On the Improvement of the Distribution of Burden of Proof in Administrative Litigation in China

行政诉讼法的立法目的就是要通过行政诉讼促进和监督行政机关依法行政,从而保护公民、法人和其他组织的合法权益。举证责任分配作为行政诉讼的核心问题之一,其实质是在当事人之间进行诉讼风险的分配,关系到当事人权益的保护和诉讼公平、正义的实现。由于立法技术的不完善、认知能力的局限性和法律固有的缺陷,我国在行政诉讼举证责任分配上还存在一些问题和不足,需要从理论和实践方面不断加以研究、探讨、改进和完善。

The legislative purpose of Administrative Litigation Law is to promote and supervise the administration by law on the part of administrative authorities through administrative litigation,so as to protect the legitimate rights and interests of citizens,legal persons and other organizations.As one of the core issues to administrative litigation,the essence of the distribution of burden of proof is to distribute the risk of litigation between the parties,which relates to the protection of the parties′ rights and interests and achievement of fairness and justice to litigation.Due to the imperfect legislative technique,cognitive limitations and the inherent defects to the law,there are still some problems in the distribution of burden of proof in administrative litigation in our country.These problems need to be further studied,discussed,improved and perfected both in theory and practice.