行政诉讼应以被告负主要举证责任为原则 根据现行的行政诉讼是因不服行政处罚或处理决定而提起的这一特点,把民事诉讼法第五十六条第一款关于当事人对自己提出的主张有责任提供证据的规定,也硬套在行政诉讼上是行不通的。行政机关在行使职权时,对管理相对人作出处罚或处理,只需单方意思表示即可成立,不需对 Administrative litigation should be based on the defendant’s main burden of proof as the principle According to the current administrative litigation is not satisfied with the administrative punishment or decision to deal with this feature, the first paragraph of Article 56 of the Civil Procedure Law on the parties to their own claims It is impracticable to impose the rules of responsibility on the administrative proceedings. When exercising their powers, an administrative organ shall punish or deal with the counterparty under management only by expressing it unilaterally,