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Research On Civil Environmental Public Interest Litigation Proof Standard Question

Posted on:2018-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y X WangFull Text:PDF
GTID:2346330515990320Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The civil environmental public interest litigation in our country gradually perfect,the lawsuit has become an important means to protect the public environmental rights and interests of the public.Civil environmental public interest litigation in comparison to other civil litigation evidence has obvious public welfare,and other features in the sex,the central plains defendants legal capacity big differences are the typical characteristics of the lawsuit.In order to improve the environmental civil public interest litigation system in our country scholars put forward many Suggestions,such as civil environmental public interest litigation lawsuit main body,the responsibility for litigation costs,the decision of capital regulation,the use of the burden of proof to share,for the problem of civil environmental public interest litigation proof standard but few scholars pay close attention to.For not realized the particularity of environmental civil public interest litigation of the standard of proof,ignore the impact of the problem might be in action,so our country in view of the particularity of the lawsuit not perfecting the existing standard of proof in our country.And existing under the standard of proof in our country,the defendant in a civil environmental public interest litigation central plains extremely unequal status,seriously affect the justice in the lawsuit.Based on the above consideration,on distribution of burden of proof in civil environmental public interest litigation in our country,implements the onus probandi inversion,but is closely related to the burden of proof standard system did not adjust,change litigation by onus probandi inversion zhongyuan defendant lawsuit is not difficult to achieve the purpose of equal status.So to improve the standard of proof to balance the lawsuit zhongyuan the defendant's position is extremely important.Consummates our country civil environmental public interest litigation in the proof standard,first of all,from the characteristics of the civil environmental public interest litigation and the standard of proof set on the basis of perspective,analysis the necessity of perfecting the certificate standard,not perfect proof standards provide theoretical guidance;Second,in the environment of our country civil environmental public interest litigation proof standard present situation analysis,found the existing problems,and to analyze the causes of these problems;Again,need to foreign civil environmental public interest litigation proof standard system were analyzed,and the study of perfect proof standard of our country beneficial experience,finally,is starting from the proof standards set by the basis,andcombined with the characteristics of the civil environmental public interest litigation in our country,on the basis of draw lessons from foreign experience put forward Suggestions of perfecting our country's certificate standard.From the perspective of civil environmental public interest litigation,the our country existing proves the obvious too single,standard and certificate standard is too high,the standard of proof in our country can be improved from the following aspects: first,perfect our country's existing "high probability" proof standard,and combined with the free heart certificate system;Secondly,set up multi-level proof standard system in our country,change the oneness of the proof standard system in our country;Again,to establish certain flexibility prove standard,it can play a role of a judge,allowing judges to according to the actual circumstances of the case to adjust the standard of proof,to ensure the lawsuit parties in equal status;Finally,China can draw lessons from foreign causal correlation identification method,the proof method applied to the civil environmental public interest litigation in our country,effectively reduce the lawsuit the plaintiff's burden of proof.
Keywords/Search Tags:Standard of proof, The high degree of probability, Causal relationship, Proof method
PDF Full Text Request
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