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根据行政诉讼法关于行政案件由被告负举证责任的规定,不履行法定职责案件的举证责任亦应由被告行政机关承担。正因这类案件具有申请人或请求人向行政机关主张权利、寻求保护的特点,所以这类案件中的被告行政机关应当向法庭举证的内容与其它行政诉讼案件有所不同。这类案...
According to the provisions of the Administrative Procedure Law on the burden of proof by the defendant in administrative cases, the burden of proof on cases that fail to perform their statutory duties shall also be borne by the administrative body of the defendant. It is precisely because such cases have the characteristics that applicants or claimants claim rights and seek protection from administrative agencies. Therefore, the defendant administrative organ in such cases should provide evidence to the court differently from other administrative lawsuits. Such cases ...