On The Proof Ability Of Procuratorial Organs In Civil Public Interest Litigation

The ability of proof refers to the ability of the subject to investigate,collect,present,submit and use evidence to support his claim in order to avoid the consequences of losing a lawsuit.The ability of proof is extremely important in civil litigation.The ability of proof of the parties will have a significant impact on the process of litigation and the rights and interests of the parties,and even determine the outcome of litigation in a sense.However,civil public interest litigation is unique from ordinary civil litigation.The subjects who bear the burden of proof in public interest litigation are pluralistic.The facts that need to be proved by evidence are not only complex but also hidden.Moreover,public interest litigation has both the function of prevention and protection,so public interest litigation has a unique requirement for the parties'ability to prove evidence.After giving procuratorial organs the power to participate in civil public interest litigation,with the increasing number of public interest litigation cases brought by procuratorial organs,procuratorial organs have become the main force to initiate civil public interest litigation.Procuratorial organs can provide legal remedies for public interests and are the direct subjects of protecting public interests.In order to make procuratorial organs fully play the function of safeguarding national and social public interests through litigation,it is necessary for procuratorial organs to have a high ability to prove evidence,to pursue fairness and justice and to improve litigation efficiency as value,so as to ensure that litigation requests in public interest litigation are received by the courts.Support to achieve the purpose of protecting public interests.This article is based on the specific practice of the case as a foothold,from the social organization of public interest litigation cases and procuratorial organs of public interest litigation cases in the burden of proof and applicable standards,analysis of civil public interest litigation procuratorial organs in the shackles of proof ability and analysis of the reasons,and finally put forward suggestions to improve the procuratorial organs in civil public interest litigation proof ability.Firstly,we should make clear the burden of proof of procuratorial organs in civil public interest litigation,so as to avoid the deviation of procuratorial organs'proof ability from the direction.Secondly,we should establish multi-level proof standards and reduce the difficulty of proof "damaging public interests" appropriately,so as to relieve the lack of proof rules of excessive strict proof standards and causality in civil public interest litigation.Restrictions on safeguarding public interests.Thirdly,we should strengthen the procuratorial organs'right of investigation and verification in civil public interest litigation by improving legislation,introducing talents and opening up channels.Finally,in the field of professional issues involved in the process of public interest litigation,we should construct the system of proof assistance,let people with professional knowledge appear in court,alleviate the pressure of procuratorial organs,and provide help for the success of court debate.