论文部分内容阅读
工商登记行政诉讼中证明责任是一个非常重要的问题。我国行政诉讼法及最高人民法院司法解释规定行政诉讼证明责任由被告行政机关承担,原告只承担初步证明责任和特殊事实的证明责任。工商登记行政诉讼证明责任具有特殊性,其证明责任分配大体应当与工商登记行政程序一致。实体性事实应当由申请人承担证明责任,程序性事实分别由工商登记机关和申请人承担责任。股东或者法定代表人作为原告的案件,股东或者法定代表人承担部分证明责任。
Business registration in administrative litigation burden of proof is a very important issue. The Administrative Procedure Law of our country and the judicial interpretation of the Supreme People’s Court stipulate that the burden of proof in administrative litigation shall be borne by the administrative organ of the defendant. The plaintiff only bears the burden of proving the preliminary proof of responsibility and the special fact. The burden of proof in administrative litigation of business registration is special. The distribution of its burden of proof should generally be in accordance with the administrative procedures of business registration. Substantive facts should be borne by the applicant to prove the burden of procedural facts, respectively, by the business registration authority and the applicant bear the responsibility. If the shareholder or the legal representative acts as the plaintiff, the shareholder or the legal representative shall assume part of the burden of proof.