复议机关作共同被告案件的举证责任研究.pdfVIP

复议机关作共同被告案件的举证责任研究 【摘要】 新修订的行政诉讼法创新规定经行政复议且作维持决定的情形，复议机关也要作被告。 本文试图立足于现行法律规定，运用规范分析法、案例分析法、比较分析法等研究方法，探 讨原行政行为举证责任、维持决定举证责任、两行为合法性证明的关系等问题，分析谁来实 施举证行为、证明对象及其关系、原行政机关和复议机关的举证责任如何分配。尝试使现行 的举证责任规定更为精细化，以尽量减少在案件审理和纠纷解决中适用难题的产生几率。同 时结合《行政复议法》部分法律条文讨论新制度设计带来的冲突如何协调，以及现行举证责 任设计对复议机构功能定位的影响。 【关键词】复议机关 共同被 举证责任 1 Research on the Burden of Proof of the Administrative Reconsideration Organ As a Co Defendant [Abstract] The new administrative procedure law creatively stipulated the system that the reconsideration organ shall be the joint defendant if it makes maintenance decision after the administrative review. The thesis which is based on the current laws has tried to discuss the problems such as the proof of the legality of the original administrative act, the proof of the legality of reconsideration decision and the relationship between the legality of the original administrative act and the legality of reconsideration decision so that analyzed who to perform the burden of proof, the objects of proof and their relationships, as well as how to distribute the burden of proof between the original administrative body and the reconsideration organ by applying research methods such as normative analysis. The thesis tries to make the current stipulation on the burden of proof more detailed and workable so that the incidence of applicable problems of laws can be reduced in the case trial and dispute resolution. At the same time, the thesis has also discussed the impact of the current stipulation on the burden of proof on the function of the reconsideration organ by referring to the stipulation of Administrative Reconsideration Law , and the coordination between the stipulation on the burden of proof and the relevant provisions of Administrative Reconsiderati