Study On Allocation Of Burden Of Proof In Environmental Civil Public Interest Litigation

In recent years,along with the rapid development of industrialization and urbanization in China,environmental pollution problems have become more and more serious.What's more,the consciousness of environmental rule of law of the masses of our country is increasing constantly.Based on this background,environmental public interest litigation arises.Environmental public interest litigation can play an important role in solving environmental public interest disputes and protecting the ecological environment,and it can make up for the disadvantages of the traditional litigation in face of serious environmental infringement cases.As is known to all,the burden of proof is very important to both parties in the process of litigation.Therefore,the burden of proof is also called “the spine of litigation”.In the environmental public interest litigation,the reasonable allocation of the burden of proof between the parties is directly related to the protection of the legitimate rights and interests of the environmental victims,and is also a need for fairness and justice in the judicial process in China.What's more,it is of great significance for the successful conduct of court trials in China to realize the rule of law objectives in which laws are available.In addition to the conclusions,this article is divided into five parts.The first part introduces the research background and research methods of this article.Environmental issues have increasingly attracted people's attention,environmental civil public interest litigation has flourished,and the distribution of burden of proof as the backbone of the litigation law has also received great attention from the legal profession and the judicial practice community.The second part introduces the connotation and particularity of the distribution of burden of proof in civil public interest litigation in China.By understanding who is responsible for the burden of proof in China's environmental civil public interest litigation? Who is assigned to? What is allocated? How to allocate? As well as the consequences of the distribution,the research foundation of this paper is laid.And Based on the characteristics of incompatibility of the burden of proof and the continuity of the rights and interests of the parties in the environmental civil public interest litigation,this paper discusses the distribution rules of the burden of proof in China's environmental civil public interest litigation.The third part discusses the analysis of the status quo of the application of the rules on the distribution of burden of proof in China's environmental civil public interest litigation.Through a detailed analysis of the laws,judicial interpretations and judicial guidance of China's rules concerning the allocation of burden of proof in environmental civil public interest litigation,the status quo of China's legal rules is understood.In addition,through the review of China's existing judicial cases,the author has conducted statistical analysis of the existing environmental civil public interest litigation cases in China,clarifying that the existing legal application problems mainly include the lack of uniform standards for the distribution of responsibilities in practice and the incompatibility of the parties' evidence.And other issues.The fourth part is to discuss foreign relevant legislation and judicial practice and carry out comparative analysis.By studying the specific rules and characteristics of the distribution of burden of proof in environmental public interest litigation in the United States,Germany,and Japan,the author analyzes its experience and analyzes that it has the advantages of flexibility and fairness,in order to apply to the work of the allocation of burden of proof in civil public interest litigation in China.The fifth part is the author's existing problems in China's environmental civil public interest litigation burden allocation rules,under the premise of the analysis of advanced foreign experience,fully consider the characteristics of China's environmental civil public interest litigation,different for non-governmental organizations,state agencies,etc.The litigants choose different specific rules for the allocation of evidence,and then put forward some personal suggestions for reference.