论行政给付行为诉讼的举证责任

On the Onus Probandi of the Lawsuits of Administrative Supply

行政诉讼举证责任大体上由行政机关承担,但具体行政案件中的差异决定了举证责任在有限范围内的倒置。考虑到行政给付行为的特殊性对相关行政诉讼产生的影响,结合德国行政诉讼类型化理论,集中讨论行政给付行为引起的课予义务诉讼中举证责任问题,将该类诉讼划分为不作为之诉与针对拒绝之诉,针对其各自的特征合理的细化诉讼过程中的举证责任分配。

The onus probandi of an administrative action generally rests with an administrative organization,but particularities in specific cases often lead to an inversion of the legal obligation. By taking the effects of special administrative supplies as well as Germany ＇ s categorization on administrative actions into consideration,the paper concentrated on the onus probandi in obligation- imposing lawsuits as a result of any administrative action. These lawsuits were classified into 2 types respectively arising from administrative omission and administrative rejection,and the distribution of onus probandi in judicial practice was then rationalized in detail according to their own particularities.