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

Posted on:2017-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ZhangFull Text:PDF
GTID:2206330488954969Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The ecological environment protection is a complex systematic project and needs multi-methods. The rule of plays an important role in the ecological environment protection.Our country implement administrative region management in environmental protection aspect for a long time. The rejection of civic and social organizations to participate in environmental protection has obvious drawbacks.The prevalence of environmental public interest litigation system in western countries caused wide attention and discussion in theory and practicality. Many provinces and cities in China started to practice it. At the legislative level, our country also make specification of environmental public interest litigation. Environmental public interest litigation in our country has been out of the dilemma of having no legal basis, and is bound to enter a new stage of continuously booming development. Environmental public interest litigation will play an important role in protecting our water, air and resource and benefiting everyone.However, because of the environmental public interest litigation in our country started late, there are many factors in the aspect of legislation and judicial need to be examined. For example, the environmental public litigation also lacks the unification and completion in the burden of proof distribution system.For example, legal provisions on the evidence of environmental public interest litigation is simple,broad and the operational is not strong,the principle of burden of proof is simple,nongovernmental organizations as the plaintiff in the burden of proof faces many difficulties and principle of inversion of the burden of proof exists ambiguity.This article is divided into four parts, the first part is basic theory of environmental public interest litigation and the burden of proof,Through listing some influential cases of environmental pollution in recent years, point out the main difficulties of China’s environmental public interest litigation; The second part is the environment public interest litigation the burden of proof allocation, this paper mainly introduces the distribution of the western countries,and China’s relevant laws and regulations;The third part is the environmental public interest litigation in our country facing the predicament of distribution of evident burden,such as broad legal provisions and single burden of proof and so on; The fourth part puts forward the idea based on the dilemma of environmental public interest litigation burden distribution.To improve the distribution principle of the burden of proof in environmental public interest litigation according to the concept of socialist rule of law, to build a diverse set of environmental public interest litigation evidence, improving the environmental public interest litigation system, etc.In a word, on the basis of legislation and practice of other countries for reference, combining with typical cases in our country have a significant impact on theoretical research, mainly analyzes the environmental public interest litigation in our country in the process of the development of the frontal face problems, and puts forward some Suggestions on the burden of proof allocation problem, in order to promote the development of China’s environmental public interest litigation which is beneficial for environmental protection in China.
Keywords/Search Tags:environment, Public interest litigation, The burden of proof
PDF Full Text Request
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