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行政诉讼中的举证责任制度是行政诉讼证据制度中的重要内容,也是行政诉讼理论和行政诉讼实践中一个重要而复杂的问题.从行政诉讼法施行多年来的实践来看,行政诉讼法所确立的举证责任制度有其积极的意义,它既有利于保障原告的合法权益,又有利于促使行政机关增强依法行政的责任心,从而更主动、全面地实现司法时行政的监督,也即有利于促使行政机关依法行政.但是,从司法实践来看,这一制度在实施中尚存在一些不尽人意的地方.为此,本文提出几点看法以供参考.
The system of the burden of proof in administrative litigation is an important part in the evidence system of administrative litigation and also an important and complex issue in the administrative litigation theory and administrative litigation practice.According to the practice of administrative litigation law over the years, It is not only beneficial to the protection of the plaintiff’s lawful rights and interests, but also to the promotion of administrative organs to enhance the responsibility of administration according to law so as to realize the supervision of the administration of the judiciary more actively and comprehensively, Impels the administrative organ to administer according to law, however, judging from the judicial practice, there are still some unsatisfactory places in the implementation of this system.Therefore, this article puts forward some views for reference.