The Analysis On Burden Of Proof In Administrative Public Interest Litigation

The dual-track model of the administrative public interest litigation of the procuratorial organs——“proceeding before litigation plus filing a lawsuit” is that the procuratorial organs creates a new kind of supervision mode with the role of legal supervisor,which not only reduces the possibility of intervening in administrative activities,but also doesn't lead to the absence of supervision.The pre-litigation procedure is that the prosecution suggestions sends “alerts” to administrative organs that may have illegal or improper behaviors,and urges administrative agencies to self-supervision and self-restraint to take appropriate measures to perform or correct the relevant administrative actions;If an administrative organs refuses to perform its duties according to law,the procuratorate shall bring up an administrative public interest litigation,and the court shall make a judgment on the administrative act of the administrative organs.This process is the prosecutor's consideration of the value of efficiency and fairness,and the legalization of judicial reforms and procuratorial practices in China.The aim of administrative litigation which combines the characteristics of subjective litigation and objective litigation is to take into account both the safeguarding of rights and the supervision of the administration.Public interest litigation is a kind of new form of litigation,because the plaintiff isn't sued for a direct violation of his own rights or interests.The reason is for maintaining an objective legal order or common public interest.Therefore,it is an objective lawsuit.The objective litigation cases are mainly for the purpose of supervision and not for taking rights remedy as its fundamental purpose and judicial remedies as its final remedy.The cases have an essential difference between citizens,legal persons and other organizations to institute administrative litigation based on their own subjective rights.That is to say,the current lawsuit rules of the Administrative Litigation Law cannot be directly applied to public interests without distinction.The propose of this paper is to establish the the system of proof in administrative public interest litigation.The paper is divided into five parts: The first part is the introduction,which includes the background and significance of the topic,research status at home and abroad and the research methods and ideas of the paper writing.The second part is the summary of the burden of proof in the administrative public interest litigation.Starting from the basic connotation of the burden of proof,the of the burden of proof in administrative public interest litigation,and introducing the different doctrines of the allocation of the burden of proof in the academic circles.The paper discusses the related theories and the different theories of the allocation of the burden of proof in the academic community.The third part is the current situation of the burden of proof in administrative public interest litigation.From the legal and empirical aspects,it puts forward the related problems in the operation of the burden of proof in administrative public interest litigation.The fourth part is to to establish the administrative public interest litigation burden of proof system,through the study of the comparative administrative public interest litigation,by introducing the improved burden of proof system and the experience in the foreign advanced countries.The fifth part is to improve the system of burden of proof of administrative public interest litigation,and to allocate the burden of proof of procuratorial organs and administrative agencies rationally,so as to safeguard the national and social interests.