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

As a new litigation system for the purpose of preserving the public interest of environment, both theory field and practice field haven't yet reached to a consensus about China's environmental civil public interest litigation should adopt what kind of distribution of burden of proof. The uncertainty of the distribution of burden of proof has been a big problem in the trial of the environmental civil public interest litigation. From the current situation of China's environmental civil public interest litigation and many cases of legal documents since the foundation of environmental civil public interest litigation, and on the basis of researching similar abroad system, this paper seeks the equity and rationality of the distribution of burden of proof in the environmental civil public interest litigation, and tries to construct the system of the distribution of burden of proof in the environmental civil public interest litigation which meet the requirement of theory and practice, so as to maximally protect both parties entity and procedure rights and interests.This paper is divided into three parts, which includes more than 40,000 words.First, the current situation study on the rules of the distribution of burden of proof in the environmental civil public interest litigation. Through the research on China's relevant legislation features of environmental civil public interest litigation, and the analysis of tens of judicial practice from the year of 2013, this paper reveals China's judicial status of the environmental civil public interest litigation. On the basis of sorting China's theory fields' different opinion on the rules of the distribution of burden of proof in the environmental civil public interest litigation, this paper analyzes the practical factors which could influence the distribution of burden of proof in the environmental civil public interest litigation.Second, the study of comparative law on the rules of the distribution of burden of proof in the environmental civil public interest litigation. Through investigating the two major countries' specific arrangements of rules of the distribution of burden of proof in the environmental civil public interest litigation, this paper summarizes the system results which could fit China's distribution of burden of proof in the environmental civil public interest litigation, so as to provide beneficial reference and thought to China's relevant legislation and judiciary.Third, structuring rules of the distribution of burden of proof in the environmental civil public interest litigation. First of all, in the basic context of procedure law, the basic principles complied by the distribution of burden of proof of this kinds of litigation are confirmed. Second, on the basis of distinguishing the different types of accusers' litigation position and ability, this paper clarify the influences of different types of accusers on the distribution of burden of proof in the environmental civil public interest litigation, as well as the distribution rules to the corresponding specific elements facts. Finally, this paper provides advises for lowering the standard of environmental civil public interest litigation which is related to the distribution of burden of proof, perfecting the rules of environmental information disclosure, and improving the spoliation of evidence system and environment damage system.