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

With the development of society,the rapid economic growth brings material well-being to the country and the people,but it is inevitable that the extensive economic development model in the past has also brought enormous development sequelae to the society.such as environmental problems are highlighted,food and drug safety are not absolutely guaranteed,and the interests of state-owned property are constantly flowing away and so on,social public interests and national interests are infringed to varying degrees.On the one hand,the scattered social public welfare has a wide range of influence,and the number of infringed persons is numerous,so it is difficult to find the appropriate representative of interests,which has both ability and motive to bring a lawsuit.On the one hand,the public is not to enable subject has the administrative power of public power organs,the administrative public interest litigation and the reality resulted in the specific administrative act of the defendant has a substantive law interested parties on the subject status of the actual inequality,lead to this kind of should have legal effect and social effect of litigation form is difficult to scale efficiency,normalized to carry out.Therefore,from the point of view of litigation effectiveness,introducing a state organ which can confront administrative power,have professional legal knowledge,strong financial security,and relatively independent status,and exercising the responsibility of safeguarding public welfare through public interest litigation,is a reasonable choice in line with China's national conditions and legal reality.Considering the current situation of legislation,law enforcement and judicature in our country,after made a detailed and concrete analysis.and finally the procuratorial organ public interest litigation system came into being.Public interest litigation of procuratorial administration refers to a special litigation system which is initiated by procuratorial organs for the purpose of repairing the damage of two interests within a specific scope and targeted at administrative organs,the system has been gradually improved after two years of pilot projects,and the litigation form has been gradually improved according to the power content and operation mode of procuratorial organs and the inherent characteristics of public interest litigation.In June 2017,the Administrative litigation law solidified the procuratorial organ public interest litigation system in the form of basic law.The procuratorial organ officially possessed the qualification and responsibility to initiate public interest litigation.To further guide judicial practice,in 2018,the supreme law and supreme procuratorat published judicial interpretation of the procuratorial organ public interest litigation.The judicial interpretation affirms and adjusts the contents of the normative documents during the pilot period.So far,Procuratorial organs have completed the construction of basic legal system by filing administrative public interest litigation.Raising administrative public interest action is the authority of procuratorial organ,for the purpose to perform legal supervision function.However,there are imperfect provisions on the distribution of burden of proof in the law of fact appeal and judicial interpretation.It brings a series of problems,such as violation of the general principle of proof in administrative litigation,lack of rigid ability of proof in investigation and obtaining evidence,deviation from the principle of administration according to law,and so on.The specific problem of burden of proof distribution exposed in these litigation practices increases the difficulty in the operation of this new type of legal system and affects the judicial effect,which must be properly solved from the level of legal system.For this reason,the author makes a horizontal comparison of the content of the burden of proof borne by different subjects in the initiation of administrative public prosecution,as well as a vertical comparison of the burden of proof borne by domestic and foreign procuratorial organs in the administrative public prosecution,and combines the general distribution principle of the burden of proof,It has fully and accurately understood the subordination relationship between the procuratorial administrative prosecution procedure and the administrative litigation procedure,clearly defined the function orientation of the procuratorial organ in the administrative prosecution,grasped the litigation purpose of the administrative public interest litigation,and made specific allocation of the burden of proof of the whole case between the procuratorial organ administrative organ and the third party.The solution of a series of problems helps the procuratorial organs to better perform their legal functions and ensure the whole litigation process to run smoothly and completely under the legal track,so as to highlight the judicial credibility of public interest litigation and realize the original intention of administrative public interest litigation.