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行政诉讼中的举证责任问题是行政诉讼理论和实践中一个重要的问题。诉讼中对立的双方围绕相关的争论点提供证据,实践中双方当事人为达到胜诉的目的,不断提出新的主张、新的证据,构成了学者解说和分析举证责任的基础。本文将从定义入手,阐述被告承担举证责任的内涵、范围、法律依据和理由。分析举证时限及其合理性,对被告自行向原告、证人收集证据和被告延期提供、补充证据问题进行说明。笔者认为,被告举证责任制度的确立和进一步完善将对行政主体依法行使职权、行政相对方合法权益的保护及保障法院司法审查的顺利进行起到重要的推动作用。
The issue of the burden of proof in administrative litigation is an important issue in the theory and practice of administrative litigation. The opposing parties in the lawsuit provide evidences around the relevant issues. In practice, both parties constantly come up with new ideas and new evidence in order to succeed, which forms the basis for the scholars to explain and analyze the burden of proof. This article will start with the definition, explaining the connotation, scope, legal basis and reasons for the defendant to bear the burden of proof. Analyze the time limit of the proof and its rationality, and explain the defendant’s own collection of evidence to the plaintiff and witness and the delay provided by the defendant and the supplementary evidence. The author believes that the establishment and further improvement of the defendant’s burden of proof system will play an important role in promoting the exercise of the powers of the administrative body according to law, the protection of the lawful rights and interests of the counterparts in the administration and the smooth conduct of the court judicial review.