Study On The Burden Of Proof In Public Interest Litigation

In recent years, accompanying the increasing of environmental pollution, loss of state-owned assets, social public security accident and behavior infringing consumers’ legitimate rights and interests, scholars turn their attention to public interest litigation. The primary link is the evidence if the lawsuit begins, Distribution of Legal Liability of Burden of Proof have a significant impact on the process of litigation and the rights and interests of the parties, in some sense indicates that the result of the lawsuit. Therefore, to construct the proof system that consistent with the specificity of public interest litigation is particularly important.Distribution of Legal Liability of Burden of Proof of public interest litigation should conform to the general litigation concept of value, and also consider the special requirements of public interest litigation. The principle of Fairness, justice, and efficiency require for equal litigation ability equality which including the burden ability and risk losing probability assumed. It is necessary to modify inequalities in the confrontation through the design rules of distribution of burden of proof. Different subject of litigation have the different position of subject of litigation, therefore, it should adopt different rules on the burden of proof. When Procuratorial Organ who has Litigation capability equality with the Accused involves in public interest litigation, it should use the general standard about distribution of burden of proof in civil action that is "who claim, who quote". Difficulty in Providing Evidence is the cause of failure when ordinary citizens, social welfare organizations are plaintiff. It is necessary to reduce the burden of proof of plaintiff through Conversion of Testifying Responsibilities and to reduce the burden of proof to balance the two parties’ position. At the same time, defining the judge’s responsibilities in the proof activity of public, giving full play to the role of Judge’s Interpretation Power on the distribution of burden of proof, exercising of discretion reasonably to guarantee the litigation rights and the substantive rights of the parties.