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行政程序的证明标准在我国理论界所提及的比较少,一般在私法中提到的比较多,如民法中的排除合理怀疑等等,而在诸如行政法的公法当中,尤其是在程序法当中,证据的标准也都是借用民法中的证据标准来加以适用的。文章通过对证明标准的概念、来源、种类等加以分析,通过传统的民事诉讼法证明来进行探讨,进而分析出行政程序中所应该或者实际上正在适用的证明标准。
The standard of proof of administrative procedure is less mentioned in the theoretical circles of our country. It is generally mentioned in the private law, such as excluding the reasonable doubt in the civil law and so on. However, in the public law such as the administrative law, especially in the procedural law Among them, the standards of evidence are also borrowed from the evidence standard in civil law to apply. Through the analysis of the concept, source and category of the proof standard, the article explores through the traditional proof of civil procedural law, and then analyzes the standard of proof that should be or is actually applicable in the administrative procedure.