Font Size: a A A

Research On The Plaintiff's Burden Of Proof In Environmental Civil Public Interest Litigation

Posted on:2019-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z PengFull Text:PDF
Abstract/Summary:PDF Full Text Request
Economic development often causes very serious environmental problems.At present,China's economy has developed rapidly and the total economic output has leapt to the second place in the world,but at the same time it has caused many problems.There are more and more environmental violations.Environmental issues and other incidental issues often appear in our ears.Water pollution,air pollution,heavy metal pollution and other incidents are frequent.Rivers are polluted and the sky is no longer blue.Evening It is difficult to see the sky full of stars.At this time,the civil litigation system becomes more and more important.Law has become the last line of defense to protect the environment,and the status of environmental civil public interest litigation has become prominent.However,the environment civil public interest litigation system in China has just been developed for several years,and the regulations in many aspects are not perfect.Although the system has been gradually formed in terms of qualified plaintiffs,jurisdiction,and responsibility,there is no relevant provision in the burden of proof.It is only referring to the burden of proof in environmental infringement litigation in the field of private interest lawsuits.As a result,many problems have arisen in the judicial practice and there has been a significant dispute in the academic community.After reading many books and papers,the author absorbs the views of different schools and thinks that in the environmental civil public interest litigation,due to the differences in the plaintiff's subjects,the status and the ability of different subjects in litigation are also different,and the burden of proof is also not It should be dogmatic and it should be allocated according to specific circumstances.Therefore,this article also discusses the different burden of proof for the different subjects of environmental civil public interest litigation.The text of this article is divided into the following three aspects.The first part summarizes the burden of proof in environmental civil public interest litigation,and introduces related theories in China and abroad.Through the study of the burden of proof,it is important to clarify the importance of the burden of proof on environmental civil public interest litigation.The second part summarizes China's current problems in environmental civil public interest litigation,sums up several issues,and paves the way for the innovation of this paper,so as to propose specific plans based on different issues.The third part is to reconstruct the system of distribution of burden of proof in environmental civil public interest litigation and put forward relevant suggestions to distinguish the different burdens of proof of different subjects.It is specifically divided into different burdens of proof of environmental protection organizations and public authorities.Finally,legislative proposals and other supplementary suggestions were made for related issues.
Keywords/Search Tags:environmental public interest litigation, distribution of burden of proof, environmental protection organization and public authority
PDF Full Text Request
Related items