The Study About Burden Of Proof In Environmental Public Interest Litigation

Research from home and abroad and development of dynamic point of view, the burden of proof on the research and environmental public interest litigation has been quite mature or progress rapidly, but the system of public interest litigation in the environment specifically for the construction of the distribution of the burden of proof is still relatively empty. This article in accordance with the "Definition", "theory", "Status", "ask questions", "solutions" to the idea, first of all on the Nature of the burden of proof and in the public interest litigation in the environment under the special context explained the significance, followed by analysis of the theoretical basis for reference and judicial experience, in contrast to less than is found, then try out a theory of support framework, principles and guidance, and flexible environment possible public interest litigation in the allocation of the burden of proof rule system.The first part discusses the location and nature of the burden of proof and the allocation of the development process of law. In "Proof" and the comparison of related concepts, the meaning of the concept to define: the burden of proof is when the court end of the debate, if the facts to be proved the authenticity of unknown status are still in accordance with predetermined specifications by the referee party to bear the adverse consequences of a burden, is a kind of action that existed before the start of the abstract risk allocation. Proof of how the system is the core of the distribution, because the allocation of the burden of proof will affect the interests of the parties concerned entities, the law must be made clear in advance the distribution; and allocation rules is to guide legislators and judges assigned the burden of proof basic rules.The second part is the responsibility of environmental public interest litigation to prove the significance of the distribution system, the first environmental public interest litigation to the defendant were typed in different division: Environmental Public Interest Litigation Public Interest Litigation and the environment, and two cases respectively be card summarized the facts of the particularity; Second, in the context of environmental public interest litigation on behalf of burden of proof theory of a simple review, with emphasis sum of its guidance for the environmental significance of public interest litigation; Finally, in this based on our current statutory provisions on the analysis, the burden of proof into the environmental public interest litigation system for analysis, comprehensive survey of the value of trade-offs involved in litigation and litigation related to economic and other requirements, determine the allocation of the burden of proof required to consider the guiding principles and The other factors.The third part, building public interest litigation of environmental burden of proof systems. This is the core of the paper. First, as a starting point different from the defendant, were discussed against the defendant as the perpetrator or the environment, public government, the executive authorities, through the discussion of the applicable procedure, compared with the great disparity between the extent of the plaintiff, and the public interest against the environment and other aspects of the different ways obtained should be specific discussion of the idea of sub-categories. Secondly, the second part, the norms established by the basic principles that guided discussion of the defendant were not the same as the distribution between the original defendant, the burden of proof construction in detail. Specifically, the parties of violations, damage and effect relationship waiting in the proceedings are terminated when the alleged facts are still unknown losing the authenticity of the risk due to which parties are allocated, and discusses where the reasonableness of this distribution.The fourth part focuses on supporting System. System to ensure that the burden of proof in environmental public interest litigation in this particular case to play its due role and achieve a reasonable distribution to the entire environment must be placed in the public interest litigation considerations. This section is the burden of proof back to the litigation system are discussed first direct path: to establish the feasibility of a certain standard of proof? How to refine the rules of evidence applicable specifications as to reduce the burden of proof opportunity? Second, the path from the indirect provision of institutional support, such as of Open, and strengthen the collegial and so on.Burden of proof lies in how the core system distribution, this distribution will directly affect the substantive rights of both parties to litigation, thereby affecting the environmental public interest litigation system could eventually achieve the desired purpose. Specific to the two different types of defendants, because of the use of different proceedings, and the disparity in power between the different plaintiffs, against the environment in different ways and so lead to public burden of proof allocation should be treated differently, so how different facts to be proved for provides a different burden of proof allocation rules is to address this critical issue.