The Study About Distribution Of Burden Of Proof Belong To Environmental Civil Public Interest Litigation

The environmental public Interest litigation system is the lawsuit relief way which is confronted with the actual harm or the latent harm caused by the environmental pollution or the natural resources destruction to the not specific public,differs from the general tort lawsuit which caused by the environmental pollution or the natural resource destruction to the specific person,the burden of proof,In the judicial practice,the inversion rules of the burden of proof are used in the tort of the general environment and private interests,and some scholars advocate that the distribution of the burden of proof should be used in environmental civil public Interest litigation and environmental administrative public Interest litigation--the plaintiff bears the positive burden of proof.However,these two viewpoints do not consider the particularity of environmental Public Interest litigation,which is different from the lawsuit of General civil action and general environmental tort,and fall into the mistaken idea of "one-size-Fits-all",which has no positive effect on the development of environmental public interest litigation.This paper aims to sum up the particularity of environmental public interest litigation in Plaintiff's subject qualification and lawsuit purpose by comparing the lawsuit of environmental public interest litigation and general civil action and general environmental tort.The arrangement of the distribution rules of the burden of proof among the original defendants in environmental civil public interest litigation is drawn from American citizen lawsuit and German altruistic group lawsuit.According to the stipulation of the plaintiff's qualification in the Civil Procedure Law of China and the distribution of the burden of proof when the citizen is qualified as a lawsuit plaintiff,in order to give full play to the ability of the litigation subject,make up for the fact that the court caused by the professional nature of environmental civil public Interest litigation,the environmental civil public Interest litigation expert witness system to improve the legislative proposals.