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

The distribution of burden of proof is the core content in the system of rules of evidence of civil environmental public interest litigation,which is related to that if civil environmental public interest litigation can be implemented smoothly and if judicial adjudication is fair or not.The deficient status in Chinese current legislation and current situation of judicial application,not only restrict the promotion of civil environmental public interest litigation,but public environmental rights and interests access to justice can not be protected effectively if the burden of proof assignment rules of civil environmental public interest litigation can not be constructed rapidly.In the face of this present situation,this paper takes burden of proof of civil environmental public interest litigation as research object,depends on the investigation on present application condition and defects of burden of proof distribution of civil environmental public interest litigation in our judicature,compares with relevant system and theory of other countries and regions,analyzes theoretical evidence and judicial practical experience which can be used for reference,combines the characteristics of civil environmental public interest litigation and purpose of legislation,tries to construct a rule system for burden of proof distribution of civil environmental public interest litigation with theoretical support and principle guidance.This paper focuses the equitable distribution of the burden of proof in environmental civil public interest litigation,the body contains four parts:The first part,expounds the fundamental theory of burden of proof of civil environmental public interest litigation and its distribution.So at first,make a delimitation of basic concept so as to establish the written basis of this paper.This paper proceeds with the basic theory of civil environmental public interest litigation,introduces civil environmental public interest litigation.Hereafter,this paper analyzes burden of proof of civil environmental public interest litigation and its distribution,confirms double meanings of burden of proof in civil environmental public interest litigation-objective burden of proof and subjective burden of proof.The second part mainly surveys the present situation of burden of proof of civil environmental public interest litigation in legislation and judicature,analyzes the rules and laws shortage in current burden of proof of civil environmental public interest litigation,and limitation and unreasonable places of burden of proof of civil environmental public interest litigation in juridical practice,so as to definite the validity of specially constructing the burden of proof distribution rules of civil environmental public interest litigation.The third part expounds the operating mode of the allocation of the burden of proof of the environmental public interest litigation in the two legal systems,due to the different sources of law and judicial environment,the environmental civil public distribution of the burden of proof standards are also different.However,there is a common point in all countries,that is,based on the reasonable and equitable distribution of the burden of proof of the environmental public interest.The forth part targets with the imagine of burden of proof distribution of civil environmental public interest litigation,started from legislation and juridical mechanism,proposes reasonable ways to construct burden of proof distribution system in civil environmental public interest litigation.The distribution of burden of proof belongs to legislative authority,so the burden of proof distribution rule of civil environmental public interest litigation should be reflected on legal text through lawmakers so as to guide the operation of juridical practice.Meanwhile,because of the particularity of civil environmental public interest litigation,some factors in certificate process of specific lawsuit will make influence on the undertaking of both parties' burden of proof,in order to fully guarantee fairness and justice of civil environmental public interest litigation,it's necessary to establish correlated matching mechanism in judicature.Therefore,this paper proposes that establish correlated matching mechanism in judicature so as to guarantee both parties' equality of lawsuit status in burden of proof distribution system of civil environmental public interest litigation,to realize protection of environmental public interest and real justice.