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我国三大诉讼法中的证明标准都做出了“事实清楚,证据确实充分”的规定,但是三大诉讼法在诉讼性质、诉讼目的,对当事人的利益影响均不同,因此在诉讼中应该适用不同的证明标准。这一点已经在理论界形成共识,并且在刑事诉讼和民事诉讼中得到了实践,但是行政诉讼中的证明标准却仍然悬而未决,从当事人和法官两个角度对行政诉讼中的证明标准作简单的区分,有利于对行政诉讼的标准进行分类。
The proof standards in the three major procedural laws in our country all make “the facts are clear and the evidence is indeed sufficient”. However, the three major procedural laws have different effects on the nature of litigation, the purpose of litigation and the interests of litigants, and therefore should apply in litigation Different proof standards. This has been reached in theorists in the field of theory and practice in criminal proceedings and civil litigation, but the standard of proof in administrative proceedings is still unresolved, from the perspective of both parties and judges of administrative litigation in the standard of proof for a simple distinction , Which helps to classify the standards of administrative litigation.