Research On Evidentially Issue In Environmental Public Interest Litigation Initiated By Prosecutors' Office

The 28 th session of the standing Committee of the 12 th National people's Congress made the “Decision of the Standing Committee of the National People's Congress on Amendmending the Civil Procedure law of the people's Republic of China and the Administrative procedure law of the People's Republic of China" It marks the prosecution's legal action for public interest litigation formalized,institutionalized and standardized..After the procuratorate was formally authorized to carry out public interest litigation,the debate in the theoretical community about whether the procuratorate had the qualifications of plaintiffs in the public interest litigation had come to an end for the time being.In practice,the focus of public prosecution proceeding against the procuratorate has turned to the litigation mechanism itself,and the issue of proof is one of the core issues in urgent need of research,because whether the evidence exist or the quality of evidence determines the success or failure of litigation.Judging from the legislative point of view,the procuratorates currently handling public interest litigation cases are still using the legal documents at the time of the trial,and there is no uniform rule of evidence to guide the behavior of evidence collection.From a judicial practical point of view,whether in the pilot stage or after the formal opening,the number of public interest litigation cases initiated by the procuratorate accounted for the largest proportion,reaching 72.7% and 58.6% respectively.This shows that the prosecutor's environmental administrative public interest litigation case has formed a class case,which has a great research value.Therefore,this article will take the prosecutor's office as an object of research into environmental administrative public interest lawsuit starting from the theoretical combing and practical research to proposequestions and give the suggestions.Focus on exploring ways to improve the procuratorates to bring environmental administrative public interest litigation evidence and related support construction of measures.The specific structure of the article is as follows:The first part,the procuratorates initiated the environmental administrative public interest litigation.First,comprehensive domestic and international situation,through the understanding and analysis of concepts such as public interest litigation,environmental public interest litigation,environmental administrative public interest litigation,the origin and historical evolution of administrative public interest litigation in the systemic cognitive environment category.The second is to introduce the status quo of the creation of environmental administrative public interestlitigation brought by China's procuratorates and summarize the characteristics of environmental administrative public interest litigation.The second part,Frst,taking the data of practical cases and typical cases as the research object,finding out the key problems existing in the environmental administrative public interest litigation filed by procuratorates,and analyzing and demonstrating why the “problem of proof”has become the core problem of prosecutors' litigation.Secnd,with practice as the starting point,we will elaborate on the specific problems that the prosecutors' office has filed in the environmental administrative public interest litigation.Third,profoundly analyze the reasons for these problems.The third part,combining the contents of the first part and the second part,discusses how to improve the way that prosecutors' office bring environmental administrative public interest litigation evidence,starting from the theory and practice.From the following three aspects: the principles that should be adhered to,the improvement in the handling of cases.First,it proposes to improve the principles of evidence should be adhered to;Second,it proposes to formulate uniform rules of evidence and guide prosecutors' office on the behavior of evidence collection.Focusing on the evidence's probative power and ability of evidence,it elaborates how to reasonably allocate the burden of proof to clarify the scope of evidencecollcetion,and scientifically classify the evidentiary types of evidence and fix the relevant evidence forms to standardize the related procedure of obtaining evidence.Third,in the practice of investigating cases,prosecutors' office should be equipped with a unified public interest.The litigation case handling module aims to improve the quality and efficiency of the proceedings,and provides real-time supervision of the entire litigation process.In the fourth part,on the basis of the clear demonstration of the above questions,it is necessary to establish and improve related supporting mechanisms to support the prosecutors' office in the investigation and collection of evidence.For example,the establishment of a professional appraisal and evaluation institution system,the improvement of the expert witnesses appearance system,and the maintenance of the management of Fundamental litigation funds and so on.