Research On Evidence Collection System Of Environmental Civil Public Interest Litigation In China

With the rapid development of China's society,environmental incidents such as ecological destruction occur frequently,causing serious damage to people's life and health and property security.Domestic people's awareness of environmental protection has increased,and the enthusiasm for participating in environmental governance is increasing.In order to safeguard public interests and reduce environmental pollution,environmental public interest litigation has become an important remedy for protecting the ecological environment.In recent years,in the legislative and judicial practice,China's environmental public interest litigation system has received attention and made great progress.However,the road to safeguarding the rights of environmental public welfare is not smooth.China's environmental public interest litigation system is relatively late,slow to develop,and the system design is lagging behind.Especially in environmental civil public interest litigation,social organizations that represent the public interest of the public have serious difficulties in obtaining evidence as plaintiffs.This paper attempts to analyze the relevant systems of evidence collection at home and abroad,and combines the judicial practice in China to put forward practical suggestions for the improvement of the party's evidence collection system in China.The first chapter expounds the evidence collection system in the current environmental civil public interest litigation in China,which relieves the plaintiff's evidence collection pressure,and puts the burden of proof on the proof of causality.At the same time,it stipulates that environmental protection organizations can obtain evidence through various channels,such as the procuratorate and other departments.To assist the plaintiff in obtaining evidence,the plaintiff requested the defendant to provide evidence,and the evidence of the expert assistant's opinion can be used as the basis for the final decision.However,it can be seen from the case that the environmental protection organization in China's environmental civil public interest litigation faces the dilemma,mainly the operability of the evidence rule.It is not strong,it is difficult for the plaintiff to collect evidence under the control of the defendant or the third party.The evidence is excessively dependent on the coordination of the administrative department and the cost of obtaining evidence due to the special nature of environmental damage.The second chapter analyzes the system of evidence discovery and expert witnesses in the Anglo-American legal system,and the system of the civil law system to propose the order system and the appraiser system,expand the scope of evidence discovery,refine the specific application procedures,and relax expert witnesses.The selection qualifications and other aspects provide reference for improving the party's evidence collection in China.The third chapter puts forward perfect suggestions for the difficulties faced by the evidence collection system,balances the difficulty of collecting evidence by expanding the scope of application of the order system,and standardizes the expert support system and environmental damage identification system.Detailed recommendations were made for qualifications,procedures for participating in the case,and charging criteria.It is hoped that through the improvement of related systems,it can alleviate the dilemma and burden of evidence collection by environmental protection organizations in environmental civil public interest litigation,and better promote environmental governance in China.