A Study On The Burden Of Proof In Environmental Civil Public Interest Litigation

Since modern times, with the growing environmental problems, many countries in the legal system of environmental civil public interest litigation system is introduced. Civil environmental public interest litigation system as a new form of litigation, has the general characteristics of environmental infringement cases at the same time, also has its own unique characteristics. Countries for the burden of proof in civil lawsuit problem research thorough, is one of the most influential German jurist rosen beck said the legal requirement of classification, for civil environmental public interest litigation of burden of proof allocation problem to provide the guidance of the principle. But civil environmental public interest litigation has its unique characteristics, beyond the category of classification of legal requirement said the specification says he has played a guiding role.Study rules of distribution of evidential burden of civil environmental public interest litigation case, should follow the principle of fairness, justice, efficiency and cost savings, for individuals, government agencies, social organizations, such as different prosecution main body, on the allocation of burden of proof should be a little difference.This article is divided into four parts: the first part through a study of civil environmental public interest litigation basic problems, the concept of environmental civil action, charateristics and development dynamics and master basic research. The second part through to the burden of proof in the civil environmental public interest litigation system is theoretically discussed and find the suitable for civil environmental public interest litigation of burden of proof allocation theory, to provide theoretical support for it. The third part studies our country civil environmental public internet litigation system of distribution of evidential burden of build problems, determine the basic principles of the burden of proof allocation, and as a guide for civil environmental public interest litigation and the prosecution subject to specific elements of the analysis, a preliminary idea of system building. The fourth part in view of the environmental civil public interest litigation system of distribution of evidential burden, puts forward suggestions for the system and related supporting mechanism.