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证明标准与证明要求密切相关。我国当前确立法律真实的证明要求具有相当的合理性,与此相适应,行政诉讼的证明标准也有必要作相应的调整。影响证明标准的因素主要有:诉讼的性质、诉讼的价值构成、诉讼的平衡性。由此决定行政诉讼的证明标准应高于民诉而低于刑诉。行政诉讼的证明标准可分为“排除合理怀疑”、“清楚而有说服力”和“优势证明”等三种。
Proof of standards and certification requirements are closely related. At present, our country has established quite reasonable legal requirements of proof. In accordance with this, the proof standards of administrative litigation are also necessary to be adjusted accordingly. The main factors that affect the standard of proof are: the nature of litigation, the value of litigation and the balance of litigation. From this, the standard of proof for administrative litigation should be higher than civil litigation and lower than criminal trial. The standard of proof in administrative litigation can be divided into three kinds: “excluding reasonable doubt”, “clear and convincing” and “proof of advantage”.