Research On The Distribution System Of Burden Of Proof In Administrative Public Interest Litigation By Procuratorial Organs

In 2015,the trial of public interest litigation began,and the administrative public interest litigation system was established in the new Administrative Procedure Law.The system of prosecution instituting administrative public interest litigation has been fully promoted in society.This system makes it possible that the legal supervision organs confront with the administrative organs in the administrative public interest litigation.Whether from the current situation to solve the problem of civil prosecution,or from the perspective of investigation and evidence-gathering ability in litigation,it has inherent rationality and meets the needs of China's national conditions.In practice,the exercise of supervision power of such procuratorial organs has achieved good results in safeguarding the public interests of the state and society.As a new system,there are still some problems in legislation and practice when the procuratorial organs institute administrative public interest litigation.Based on the analysis of the cases since the pilot project,the allocation of burden of proof is one of the difficulties in this kind of litigation.In the process of putting forward administrative public interest litigation by procuratorial organs,the burden of proof of procuratorial organs is too heavy and the content is not clear.At the same time,the content of burden of proof of administrative organs is not clear.The author tries to find out the problems from the point of view of the system,and finds that in the current laws,regulations and judicial interpretation,the allocation and content of the burden of proof in administrative public interest litigation initiated by procuratorial organs are relatively vague.In addition,the procuratorial organs lack the corresponding system guarantee for the right to investigate and collect evidence.As a result,the burden of proof assumed by procuratorial organs in such litigation is heavy and unclear.Therefore,by studying literature and analyzing cases,the author tries to find a way to solve the problem of distribution of burden of proof in the cases ofadministrative public interest litigation brought by procuratorial organs,that is,the burden of proof assumed by procuratorial organs is too heavy and unclear.The author first explores the rationality of the main burden of proof allocation in administrative public interest litigation initiated by procuratorial organs from the principle of burden of proof allocation,and then supports the allocation of the main burden of proof by procuratorial organs in such litigation.Then the specific burden of proof that procuratorial organs should bear is further clarified,and the investigative power of procuratorial organs is also clarified.To ensure that the procuratorial organs bear the main burden of proof in the allocation of burden of proof.The author studies the allocation system of burden of proof for procuratorial organs in administrative public interest litigation,aiming at improving the effectiveness of such litigation in reality,so as to promote the development of the whole system.