The Study On The Allocation Of The Burden Of Proof In Procuratorial And Administrative Public Interest Litigations

On 1^st July 2017,the newly-added Article 25?4?of the Administrative Procedure Law officially established the system of procuratorial and administrative public interest litigations.The allocation system of the burden of proof is the key issue of administrative litigation system and the core content to differentiate administrative procedure system from civil procedure system;and it also becomes one of the key issues of procuratorial and administrative public interest litigations.Procuratorial and administrative public interest litigations mean that the procuratorial organ,as the state law supervision institutes,to file administrative litigations against illegal actions or nonfeasance of administrative organs;it has changes the considerations of identifying the allocation rules of the burden of proof of administrative litigations,such as insufficient capacities for the public to submit proof;it should comply with different allocation rules of burden of proof,compared with the general administrative litigations.This essay will use the methods of literature research,regular analysis and case study,as well as 31 written judgments since the amendments to the Administrative Procedure Law,to launch a systematic study on the allocation of the burden of proof in procuratorial and administrative public interest litigations.The essay includes the following four chapters:Chapter One: the practical research on the performance of the burden of proof in procuratorial and administrative public interest litigations.This chapter generalizes the burden of proof in administrative litigations and analyzes relevant regulations of procuratorial and administrative public interest litigations.And then,it presents in lists the legal practice of the allocation of the burden of proof in procuratorial and administrative public interest litigations,puts forward issues faced with judicial practices and provides legal references for reconstruct the allocation system for the burden of proof in procuratorial and administrative public interest litigations.Chapter Two: the basic principle of the allocation of burden of proof in procuratorial and administrative public interest litigations.The writer firstly analyzes the general principles of the allocation of the burden of proof and then lists regulations on the allocation of the burden of proof in administrative litigations.And then,the writer analyzes whether procuratorial and administrative public interest litigations can be applied to the disputes over the allocation rules of the burden of proof in general administrative litigations.Finally,this chapter discusses the special factors to be considered for the burden of proof in procuratorial and administrative public interest litigations under the situation that the allocation rules of the burden of proof in administrative litigations can be wholly applied.Chapter Three: the burden of proof on procuratorial organs in procuratorial and administrative public interest litigations.This chapter mainly discusses reconstructing the burden of proof on procuratorial organs in procuratorial and administrative public interest litigations from two aspects,including procedures before litigations and litigation procedures.Chapter Four: the burden of proof on administrative organs in procuratorial and administrative public interest litigations.The writer reconstructs the behavior liabilities and results liabilities in administrative public interest litigations of administrative organs.It is expected that small contributions can be made to establish an allocation system for the burden of proof in procuratorial and administrative public interest litigations featured in Chinese characteristics.