举证责任又叫证明责任,是指在诉讼过程中,当事人提出证据用以证明案件事实情况,以及自己所主张权利的正确、合法、合理的责任。 俗话说,“打官司就是打证据”。《行政诉讼法》第三十二条规定:“被告对作出的具体行政行为有举证责任,应当提供作出该具体行政行为的证据和所依据的规范性文件。”由此可知,在行政诉讼的一审阶段,举证责任由作为被告的行政机关承担。即不论行政诉讼由公民、法 The burden of proof, also known as the burden of proof, refers to the correct, legitimate and reasonable responsibility of the parties in presenting evidence to prove the factual facts of the case and the rights they themselves claim. As the saying goes, “litigation is proof.” Article 32 of the Administrative Procedure Law stipulates: “The defendant shall have the burden of proof on the specific administrative act it has taken and should provide evidence of the specific administrative act and the normative documents upon which it is based.” Thus, it can be seen that in administrative litigation In the first instance, the burden of proof is borne by the administrative body that is the defendant. That is regardless of administrative litigation by citizens, law