Research On The Burden Of Proof In Public Interest Litigation Brought By Procuratorial Organs

Since the standing committee of the National People's Congress made on The Decision to Authorize the Supreme People's P rocuratorate to Carry out Pilot Work on Public Interest Iitigation in Some Areas.(hereinafter referred to as The Authorization Decision),Thirteen provinces(autonomous regions and municipalities directly under the central government)across the country,including Beijing,Gansu,Yunnan,successively carried out the pilot work for the prosecution of administrative public interest litigation.Along with the advancement of pilot work,the procuratorial administrative public interest litigation system has begun to take shape,but the specific rules of its operation also needs to be determined,on the legislation of prosecution of administrative public interest litigation.the allocation of the burden of proof is based on the reality of pilot work,so this paper analysis of prosecution of administrative public interest litigation of burden of proof allocation basis,and draw lessons from the related outside experience,put forward some advice to the burden of proof in administrative public interest lawsuit system.This paper is divided into four parts.The first part is to analyze the burden of proof of responsibility in the pilot work of public interest litigation,and the purpose is to find out the problems of the pilot work.The author divide the prosecution of administrative public interest litigation to two types,in accordance with the administrative violations and administrative inaction,and enumerate typical cases,the author found that bear the burden of proof's features in the pilot work,such as pilot work did not distinguish as two types of administrative public interest litigation of burden of proof;The procuratorial organ shall bear the main burden of proof in the lawsuit.The main content that the p rocuratorial organ proves is the fact that the public interest is damaged;"Who claims,who testify" is still the proof rule applicable in the current pilot work.These phenomena show that there are some problems in the pilot work that the procuratorial organ bears the burden of proof,and the application of the proof rule does not conform to the purpose of procuratorial public interest litigation.The second part focuses on the analysis of the allocation basis of the burden of proof of public interest litigation,aiming at solving the pilot work's problems.The author holds that the allocation of the burden of proof is mainly based on the legal basis,the burden of proof,the administrative principle in accordance with the law,the distribution of the burde n of proof and the legal status of both parties.After analyse the basic of five,the author concludes that the procuratorial administrative public interest lawsuit should obey the rule,that the burden of proof is reversed,and the administrative organ should prove the legitimacy of its behavior,procuratorial organs should bear the burden of proof on investigation and evidence collection of relevant facts.This part mainly explains the distribution principle,and how to balance the burden of proof in litigation fundamentally.The third part lists the evidence of similar public interest litigation system in the United States,Britain,Germany and Japan,analyse these countries' proof of responsibility.We can learn from the foreign countries' mature related regulations to bulid the administrative public interest litigation system,such as the United States and Japan's surface proof rule in their environmental public interest litigation,can be used as reference in our procuratorial administrative public interest lawsuit.The fourth part mainly explore the burden of proof system construction in procuratorial administrative public interest litigation,in view of the pilot work,combined with the configuration principle of burden of proof in procuratorial administrative public interest litigation and the outside experience,the author thinks that the burden of proofs in administrative public interest litigation should distinguish as two types,and the system of procuratorial organs obtain evidence should be improved,also the idea of the third person is likely to face the burden of proof in the lawsuits should be constructed,this part mainly put forward some advice to make the procuratorial administrative public interest litigation system play its value better.