Research On The Distribution Of Burden Of Proof In Administrative Public Interest Litigation

China has defined the legal status of the administrative public interest litigation system through legislation,and has granted procuratorial organs the position as a legal subject of administrative public interest litigation.So far,the debate on the issue of the plaintiff qualification of the administrative public interest litigation has temporarily subsided,but further discussions are needed to improve in terms of the scope of cases,the burden of proof and the pre-trial procedure.The distribution of the burden of proof in judicial practice is particularly important.It not only closely relates to the facts of cases,but also affects the final judgment,and directly influences on the judicial practice of the administrative public interest litigation system.Compared with administrative litigation,administrative public interest litigation has certain particularity,so the distribution of burden of proof in administrative public interest litigation also needs to be re-examined,and the original rules cannot be applied directly.This paper studies the distribution of burden of proof in administrative public interest litigation,which is divided into four parts.The first part is the theoretical analysis of the distribution of burden of proof in administrative public interest litigation.Firstly,this paper explained the effect of the specificity of administrative public interest litigation on the distribution of burden of proof therein;secondly,this paper introduced views on the distribution of burden of proof in administrative public interest litigation and analyses thereof;in the end,this paper analyzed the difference in distribution of burden of proof between administrative public interest litigation and civil public interest litigation.The second part introduces present situation and problems of distribution of burden of proof in administrative public interest litigation in our country.Firstly,this paper introduces the present legislation on burden of proof in administrative public interest litigation in China,including the absence of legislative stipulation on the burden of proof to procuratorate's "public interest litigants" and the legal provision that the original burden of proof shall apply to the defendant.Secondly,this paper introduced the present situation of distribution of burden of proof in administrative public interest litigation in the current judicial practice of our country with cases.Finally,this paper looked into problems in the distribution of burden of proof in administrative public interest litigation in China,which mainly included unclear distinction between cases of administrative public interest litigation of action or omission and lacked clear stipulation on the distribution of burden of proof in the constitutive element of infringement against public interest.The third part mainly expounded the necessity of improving the system of distribution of burden of proof in administrative public interest litigation in our country,including changes in litigants' unequal status,difference in objects of proof,influence of legal proceedings,requirements of purposes of administrative litigation and changes in the ability to proof.For these reasons,the system of distribution of burden of proof in administrative public interest litigation in our country was in need of further improvement.The fourth part is the suggestions to improve the system of distribution of burden of proof in administrative public interest litigation in China,including clarifying legal provisions on distribution of burden of proof in administrative public interest litigation,optimizing the distribution of burden of proof in administrative public interest litigation,establishing specific provisions on the distribution of burden of proof in the constitutive element of infringement against public interest and reinforcing supporting measures to distribution of burden of proof in administrative public interest litigation.