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

The role of the burden of proof to the litigation is like the brain to the body,which as the saying goes,the man who got the burden of proof win the judge.The value of the burden of proof has become the common wealth in the circle of study,however,there's still no solution to the fair distribution of burden of proof.The study of distribution of burden of proof decides the normal running and the legitimate interests of the parties in the civil environmental public interest litigation.Based on the research hot spots in the environmental laws fields,this article analyzed from the view of practical cases.First,combed the definition and features of civil environmental public interest litigation,analyzed the new definition of the burden of proof so as to make sure of the double definition of which in the civil environmental public interest litigation.second,concluded the specific law of the burden of proof from the perspective of legislation,introduced the features of legislation and combed several typical cases in order to deduced the unfair point of this system.Third,this article made an comparison of the law of the burden of proof between anglo-american law and continental law system so as to get the inspiration of perfecting the distribution of the burden of proof in the civil environmental public interest litigation.Forth,based on the principles like the environmental risk prevention and clarified the influence of different types of prosecutor to the distribution of the burden of proof in the civil environmental public interest litigation,made an conclusion that we should perfect the mechanism of further distribution of facts and combed the measures of freedom of information in order to protect the interests of the parties and make the fair of environment and the justice of environment come true.