“排除合理怀疑”不仅是刑事诉讼的证明标准,在行政诉讼中也应当拥有一席之地。长久以来,在“客观真实”的影响下,我国三大诉讼法一体采用的“事实清楚、证据确实充分”标准存在许多问题,行政诉讼应确立包括“排除合理怀疑”在内的多元化证明标准。但是,在我国行政诉讼中确立“排除合理怀疑”的适用标准绝非易事,僵化的“客观真实”、嵌入性司法、行政诉讼的独特负担以及当前行政法治化的方向都为该标准的适用增添了复杂因素。对此,有必要在探索其适用路径的过程中,确立动态开放的结构,并引入保障基本权利和引导行政运作的思维方式。 “Excluding reasonable doubt” is not only the standard of proof in criminal proceedings, but also should have a place in administrative litigation. For a long time, under the influence of “objective reality ”, there are many problems that “the facts are clear and the evidence is sufficient ” adopted by the three major procedural laws in our country. There are many problems in administrative litigation, including “excluding reasonable doubt” Within the diversified certification standards. However, establishing the applicable standard of “excluding reasonable doubt” in administrative litigation in our country is not easy, rigid, objective truth, embedded justice, the unique burden of administrative litigation and the direction of current administrative legalization are all The application of this standard adds complexity. In this regard, it is necessary to establish a dynamic and open structure in the process of exploring its application path and to introduce ways of thinking that protect basic rights and guide administrative operations.