略论行政诉讼举证责任

Thoughts on Onus of Proof in Administrative Lawsuit

举证责任来源于古罗马法的概念。我国《行政诉讼法》首次对举证责任制度加以规定 ,但并未对其做出详尽的说明 ,因而在理论界和司法实践中对举证责任的具体分配则争论颇多。从举证责任的涵义和性质入手 。

The concept, onus of proof, has its origin in ancient Roman Law, which is first stipulated in Administrative Procedural Law in our country. However,due to lack of detatiled explanations, who bears the onus of proof remains to be a controversial problem both in theoretical circles and judicial practice. This paper begins with the definition and the character of onus of proof, then makes an exhaustive analysis of the rules of bearing it in an attempt to clarify this concept.