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目前,在开展民事行政检察工作中,有人提出依法抗诉的民行案件,检察机关应有举证责任。对此笔者不敢苟同,理由如下:一、从立法上看,有关举证责任问题,我国民事、行政诉讼法已有明确规定,应认真遵照执行。我国《民事诉讼法》和《行政诉讼法》对举证责任的归属问题已明确
At present, in carrying out procuratorial work on civil administration, some people have proposed that people’s livelihood protest cases be prosecuted according to law, and procuratorial organs should have the burden of proof. I do not agree with this for the following reasons: First, from the legislative point of view, the issue of the burden of proof, China’s civil and administrative procedure law has been clearly defined, should be conscientiously follow the implementation. The issue of attribution of the burden of proof in China’s “Civil Procedure Law” and “Administrative Procedure Law” has been clearly defined