西南石油大学学报(社会科学版) ›› 2012, Vol. 14 ›› Issue (2): 64-72.DOI: 10.3863/j.issn.1674-5094.2012.02.013

• 政治学与法学 • Previous Articles     Next Articles

A Study on Some Problems About Burden of Proofin Administrative Reconsideration Law

Zhang Sheng-li   

  1. 1. Law School,Peking University,Beijing,100871,China2. Chinese Literature & Law College,Tianjin Open University,Tianjin,300191,China
  • Received:1900-01-01 Revised:1900-01-01 Online:2012-03-01 Published:2012-03-01

Abstract: Burden of proof is not clearly defined in Administrative Reconsideration Law,and therefore is not practicable enough. The burden of proof in the Administrative Procedure Law is a very good reference to the perfection of the burden of proof in administrative reconsideration. This paper first defines the concept of the burden of proof,and then points out that a fair allocation of the burden of proof of the applicant and the applied should be regulated by provisions of law so as to clarify the burden of proof in administrative reconsideration clearly.

Key words: administrative reconsideration, administrative procedure, the burden of proof in administrative reconsideration, the burden of proof of the applicant, the burden of proof of the applied, the burden of proof of the applicant

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