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Study On The Distribution Of Burden Of Proof Environmental Civil Public Interest Litigation

Posted on:2017-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhangFull Text:PDF
GTID:2346330485998122Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the rapid development of national economy, the increasingly serious environmental problems, environmental pollution and ecological destruction has emerged as a growing trend, more and more unbalanced between environmental protection and economic resource development interests bipolar maintenance, environmental violations were blowout outbreak has been a serious threat to the personal and property safety and environmental welfare of citizens. In order to maintain the environmental public interest, public interest environmental damage punish acts need to give full play the role of environmental public interest litigation, also we need to distinguish similarities and differences between the traditional interest litigation, so that environmental problems can be well treated. Facing increasingly prominent environmental problems related environmental civil public interest litigation system needs to be more perfect, especially the burden of proof distribution system. Allocation of the burden of proof should be mainly solved is how the facts in the case when a state judge apocryphal problem. Although the allocation of the burden of proof of environmental infringement cases have been relevant laws and regulations, but it does not directly apply to the Environmental Civil Litigation.First, the theoretical basis of environmental civil public interest litigation on the analysis, resulting from a general civil cases based on the particularity of Environmental Civil Litigation to protect legal interests, and the special nature of environmental civil public interest litigation will inevitably affect the distribution of the burden of proof specific mainly in two aspects, namely, on the subject of proof and evidence of the object.Second, my ordinary civil procedure applicable burden of proof allocation rule is "who advocate who burden of proof," the general allocation rules, but environmental tort litigation is unique, so it should allocate special rules apply. In this context, the Public Environmental Civil Litigation our country should how to allocate the burden of proof, theorists there are several theoretical perspectives. In judicial practice in China, local courts have some breakthrough on environmental public interest litigation and litigation research and theoretical aspects of the design rules. Through our Environmental Civil Litigation understanding of the burden of proof allocation of judicial practice, which also reflects a lot of problems to be solved.Third, civil law countries and common law countries the provisions on the allocation of the burden of proof between the Public Environmental Civil Litigation parties is different, we can provide a reference for the perfection of Environmental Civil Litigation of Burden of Proof Distribution System.Fourth, improve the concrete measures of the Public Environmental Civil Lawsuit distribution system should be mainly from four aspects. The first principle is clearly improve the environmental distribution of the burden of proof in civil public interest litigation, including fairness, justice, equality of parties to litigation and litigation efficiency principle. Secondly, the need to improve the standard of proof applicable to the different standard of proof for Environmental Civil Litigation prove different objects. The third is to determine the environmental burden of proof in civil public interest litigation three specific elements of the fact that the allocation between the parties. Finally, when the victim is unable or can not prove sufficient evidence, based on the request of the law or the parties, the court can take the initiative to investigate and collect evidence.
Keywords/Search Tags:Public Interest Litigation, Burden of Proof, Standard of Proof, Causal relationship
PDF Full Text Request
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