Research On The Burden Of Proof In Environmental Administrative Public Interest Litigation

In recent years,In recent years,the state has advocated the promotion of ecological civilization and the protection of the ecological environment while pursuing a better life.As the regulatory agency of environmental and ecological protection,administrative organs sometimes violate the law or slack in performing their duties due to interests,resulting in the ineffective supervision of environmental public interests.However,due to the special status of administrative organs,ordinary people cannot compete with administrative organs as plaintiffs,so it is difficult to solve such cases in judicial practice.Until the law of our country established the procuratorial organ as the plaintiff of the administrative public interest litigation,finally broke the unequal litigation status between the common plaintiff and the sued administrative organ.This is a lawsuit system in line with China’s national conditions and legislative and judicial status quo.A system from establishment to implementation is a process of gradual improvement.There are many problems in the development and practice of the public interest litigation system of environmental administration brought by procuratorial organs,among which the burden of proof has been an outstanding problem for several years.To this end,the author used the method of literature research,normative analysis method,case analysis and other research methods,comprehensive analysis of domestic and foreign environmental administrative public interest litigation system of burden of proof,from 2017 to 2019,our country’s environmental administrative public interest litigation cases,analyze problems,solve problems,to improve administrative environmental public interest litigation of burden of proof in China are proposed.The author analyzes the burden of proof of environmental administrative public interest litigation from the following four aspects.The first part explains the research background and significance of the burden of proof in environmental administrative public interest litigation,as well as the research status in China and the main research methods.The second part expounds the concept and type of burden of proof in environmental administrative public interest litigation.The concept of burden of proof in environmental administrative public interest litigation contains four meanings,which are as follows: first,the burden of proof takes the litigation claim as the scope;second,the burden of proof includes the responsibility of presenting evidence;third,the burden of proof includes the responsibility of presenting evidence;fourth,the burden of proof is related to certain adverse litigation consequences.Secondly,it expounds the classification of the burden of proof in the environmental administrative public interest litigation in the academic circle,which mainly includes the behavior liability,the result liability and the double liability.The third part,the system and practice analysis of the burden of proof in environmental administrative public interest litigation.Firstly,the author analyzes the system of the burden of proof of environmental administrative public interest litigation in China,and then searches the cases of environmental administrative public interest litigation in China from 2017 to 2019.Through the cases,the author makes a detailed analysis of the judicial practice of the burden of proof of environmental administrative public interest litigation in China.The fourth part describes the problems of the burden of proof in environmental administrative public interest litigation in China,which are mainly in three aspects: first,the distribution rules of the burden of proof are not clear,lacking of scientific guiding principles;Second,the power of investigation and evidence collection of procuratorial organs is not standardized.Third,the distribution of burden of proof between procuratorial organs and administrative organs is not balanced.The fifth part,the suggestion of perfecting the burden of proof system of environmental administrative public interest litigation.Firstly,the author puts forward that scientific and reasonable guiding principles should be established to improve the burden of proof in environmental administrative public interest litigation,which mainly include three points: the principle of being favorable to the purpose of litigation,the distance from evidence,and fully considering the function positioning of procuratorial organs.Secondly put forward administrative environmental public interest litigation of burden of proof distribution rules of the content of specific Suggestions,the first to distinguish between as and not as a kind of environmental administrative public interest litigation,in different types of lawsuit,the plaintiff and the defendant’s burden of proof and the distribution of the specific items of proof,second,the appropriate allocation of the burden of proof to third parties.Finally,some Suggestions on how to perfect the power of investigation and evidence collection are put forward.