A STUDY ON THE BURDEN OF PROOF IN THE TRANSPORTATION INFRASTRUCTURE IMPROVEMENT

Abstract

The effect of projects is usury requested to be measured when putting in place transportation infrastructure improvement. However, it is difficult to strictly prove the existence of the effects and their size. Considering this facts, it is important in practical decision-making process to discuss the degree to which such proof must be provided.
Current research first reviews the basic theories and the approaches to the burden of proof in the legal field, and discusses the ideal way of burden of proof in the field of transportation infrastructure improvement. Next, what extent of burden has been imposed when putting in place transportation infrastructure improvement is examined by using reference materials. In addition, based on the results of these studies, it is shown that the common views play important role in considering the burden of proof, and the current status and the problem of those common views are described.