Research On Environmental Public Interest Litigation Burden Of Proof Allocation

Environmental public interest litigation as a new form of litigation, in order to solve the traditional litigation cannot solve serious environmental infringement cases. In 2012 promulgated the new "civil procedure law of the People’s Republic of China the environmental public interest litigation to determine down, this is a landmark. As is known to all, the burden of proof is the backbone of "litigation", and the distribution of burden of proof to defend lawsuits claiming rights of the parties and to provide direction, judge to judge whether the statement of the case facts whether clear guidelines for objective truth and responsibility, in the environmental public interest litigation, how reasonable and effective allocation of the burden of proof between the parties, will be directly related to the environmental rights and interests of the victim’s legitimate rights and interests protection, the burden of proof allocation should contain in the procedural justice and entity justice and litigation efficiency value of law. Environmental public interest litigation proof responsibility contribute to the smooth progress of the trial, the parties can more clearly understand the case facts, to realize the rule of law justice, and they tend to have important significance.Environmental public interest litigation burden distribution across the two fields: the substantive law and procedural law, how to distribute the burden of proof, the theory has a legal requirement of classification, dangerous areas, probability, damage the interests of ownership said, measure and so on many kinds of theories, basic adopt risky areas in the existing legislation, said "several opinions",2001,1992 of the certain rules, the tort liability law and the civil procedure law in 2012 and in 2015 promulgated the environment public interest litigation judicial interpretation are made the regulation of onus probandi inversion, the environmental public interest litigation judicial explanation of environmental public interest litigation of burden of proof allocation rules and made clear the scope of the burden of proof allocation rules.Existing environmental public interest litigation in our country law of distribution of evidential burden constraint to the qualification of the plaintiff yan, exists to prove that the standard too strict, the people’s court for investigation, to strengthen the plaintiff didn’t get the clear legal evidence collection rights protection, and the problem of environmental information opaque proposed explicitly the plaintiff victim investigation rights, establishing relevant environmental information disclosure system to perfect the environmental public interest litigation system of distribution of evidential burden.