Application Of The Rule Of Inversion Of The Burden Of Proof In Environmental Public Interest Litigation

China’s legislative system has not yet clearly defined the "preliminary proof" responsibilities applicable to environmental public interest litigation,for which the academic community also has different opinions and opinions and has not yet formed a relatively unified view.As a result of the environmental public interest litigation type of cases the judicial standards of multiple injustice.In this way,it not only violates the basic value of legal fairness and justice,but also undermines the credibility of the domestic judicial system and seriously hinders the socialist modernization and rule of law construction process of judicial transformation and upgrading.In this article,we propose to refer to the case of "Environmental Research Institute v.Public Interest Litigation of Air Pollution of a Chemical Industry Co.,Ltd.",focusing on the two focal points of the case-preliminary proof of causality and compensation for ecological environment damage.This paper discusses the application of the inversion rule of burden of proof from the analysis of subjective and objective burden of proof.It advocates the construction of a multi-level reversal of the burden of proof in environmental public welfare litigation,and clarifies the "preliminary proof" responsibility,so as to clearly divide the burden of proof of different litigation parties in environmental public welfare litigation.At the same time,in order to further regulate the discretionary power of judges in environmental public interest litigation,it is proposed that the scope of discretionary power be limited to a certain extent,so as to facilitate the judicial implementation of the legal concept of substantive justice and procedural justice.Help green mountains,green waters,blue sky and white clouds to build ecological and legal civilization.