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

Posted on:2019-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z L YanFull Text:PDF
GTID:2346330542954474Subject:Law
Abstract/Summary:PDF Full Text Request
As the phenomenon of environmental pollution appears more and more frequently in the public field of vision,environmental problems have become a topic of great concern.The distribution of burden of proof in environmental public interest litigation is an unavoidable threshold in the process of solving environmental public interest litigation in China.However,China’s environmental public interest litigation development time is not long,whether at the legislative level or judicial practice,there are still some shortcomings.Reflected in the burden of proof distribution,showing a unified,systematic and complete lack of legal provisions.Based on this,this paper makes full use of foreign research on the distribution of the burden of proof in environmental public interest litigation,and based on the current situation of the distribution of the burden of proof in environmental public interest litigation in China,analyzes the difficulties faced by the distribution of the burden of proof in China’s environmental public interest litigation at this stage,and puts forward some suggestions on the distribution of the burden of proof,hoping to make the environmental public interest litigation system more comprehensive,so as to better protect the ecological environment and the interests of the masses in ChinaThis study is divided into five parts.the first part is the theoretical research part.it expounds the concept and characteristics of burden of proof distribution in environmental public interest litigation,and studies the related theories.The second part is the the present situation of the burden of proof distribution system in China.The third part is the introduction of the burden of proof distribution system in foreign;The fourth part is based on the first two parts of the analysis of China’s environmental public interest litigation burden of proof allocation system is facing difficulties;The fifth part is based on the plight of environmental public interest litigation burden of proof distribution system put forward suggestions for the development of environmental public interest litigation burden of proof distribution system to promote the improvement of the relevant system.
Keywords/Search Tags:Environmental pollution, Allocation of burden of proof, Legal perfection, Public interest litigation
PDF Full Text Request
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