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证明标准,是指在诉讼上用以衡量或评判法就个案中的待证事实在内心信念上达到了必要的程度,在审判上就视为已查明了案件事实或确认了适用法律的事实基础。而现有行政法规规定中对于行政处罚证明标准的规定却是少之又少,所以给行政处罚程序与行政诉讼的衔接以及行政执法工作也带来很大的影响,对于我国社会主义法治社会的建设也是很不利的,本文即从行政处罚证明标准的相关理论知识出发,再简单分析现有规定的不足,结合行政处罚证明标准的相关类型以及特征对行政处罚证明标准的完善提出建议。
The standard of proof refers to the degree to which the facts to be proved in the case are measured by the method of measurement or adjudication in the litigation and is deemed to have been ascertained facts of the case or the fact that the applicable law has been confirmed at the trial basis. However, there are only a few provisions in the existing administrative rules and regulations for the proof standards of administrative penalties. Therefore, the connection between the administrative penalty procedures and administrative litigation and the enforcement of administrative law also have a great impact. For the socialist society ruled by law This article also starts from the relevant theoretical knowledge of the standard of administrative punishment and then simply analyzes the insufficiency of the existing regulations. Based on the relevant types and characteristics of the standard of administrative penalty, this article gives some suggestions on how to improve the standard of administrative penalty.