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Question

行政诉讼当中的举证原则是被告负举证责任，并兼顾原告、第三人合理分担举证责任。这是由于行政诉讼具有它本身的特殊性所决定的。行政诉讼中的被告都是具有某种社会管理职能的行政机关。在行政法律关系中，行政管理机关与行政管理相对人是管理者与被管理者的关系，双方的地位是不平等的，行政法律关系中特殊的地位决定着在行政诉讼当中特殊的举证责任分担。本文试从行政诉讼法对举证责任的一般性规定入手，论述行政诉讼当中这种特殊的举证责任制度的现实意义。并分别从被告，原告和第三人分担不同的举证责任的理由，分析对诉讼结果所产生的效力和影响。同时也对行政诉讼当中法律对举证责任所作规定的一些不足提出见解。通过以上内容的论述，说明行政诉讼举证制度在我国行政诉讼中所具有的重大意义。
关键词：行政诉讼 举证责任 分配规则

Answer 1

The principle of proof for administrative lawsuit is that defendants assume the proof responsibility, and plaintiffs and the third party reasonably share the proof responsibility. It is determined by administrative lawsuit’s own particularity. All defendants in administrative lawsuit are administrative organs of government with some society management function. Among the administrative law relationship, administrative management organs and administrative management are respectively as directors and subordinators, whose positions are not equal. The special position in administrative lawsuit relationship decides that it take the special proof responsibility in administrative lawsuit. This paper tries to discuss the practical significance of this special proof responsibility system in administrative lawsuit, starting with the general rule of proof responsibility in administrative lawsuit, and analyzed the potency and influence on lawsuit results from the reason of different proof responsibilities for defendants, plaintiffs and third parties. Meanwhile this paper proposes some opinions towards the shortages of rules on proof responsibility law in administrative lawsuit. Through the discussion above it illustrates that administrative lawsuit proof system has great significances in our national administrative lawsuit.
Keywords: administrative lawsuit, proof responsibility, distribution rules.

Answer 2

Administrative proceedings the burden of proof which is the principle of the burden of proof on the defendant, and to take into account the plaintiff, the third person sharing the burden of proof. This is due to administrative proceedings with its own special nature of the decision. Administrative proceedings, the defendants are of a certain social management functions of the executive. In a legal relationship, the administrative authorities and the administration relative to managers, with managers, the status of inequality, Chief legal relations special status determines the special administrative proceedings which share the onus. This paper from the Administrative Procedure Law of the onus of proof start of the general provisions. discussed administrative proceedings in which such a special burden of proof system in a practical sense. And from the defendant, the plaintiff and a third person to share the burden of different reasons, Analysis of the outcome of the legal proceedings arising from the effect and impact. But also to the administrative proceedings to which the legal burden of proof made by the lack of some insights. By the above discussion, explanation administrative proceedings the burden of proof system in which administrative proceedings is of significance. Keywords : administrative proceedings allocation of the burden of proof rules本回答被网友采纳