Research On The Problems And Countermeasures Of Collecting Evidence Of Procuratorate In Environmental Civil Public Interest Litigation

In order to prevent more and more "tragedy of the commons",China combined with the reality of the times,has reformed the civil litigation system and established the civil public interest litigation system.In particular,procuratorial environmental civil public interest litigation has made gratifying achievements and formed the road of environmental protection with Chinese characteristics.At the same time,the procuratorial organ still has many difficulties in evidence collection due to the insufficient capacity,complex environmental litigation and insufficient system guarantees.Especially,the lack of right on compulsory investigation and evidence collection not only makes the procuratorate unable to fully exercise its procuratorial power in environmental civil public interest litigation,but also fails to fully show the institutional advantages of procuratorial environmental civil public interest litigation.At present,China's imperfect order system of putting forward documents is difficult to deal with the problem of evidence bias in environmental litigation.Therefore,the procuratorial organ is unable to provide key evidence in environmental civil public interest litigation,and even needs the staff dressed as administrative law enforcement personnel to contact and collect key documentaryevidence.To expand the scope of the extension of the document,especially on the basis of safeguarding the public interest,to break through the restrictions on personal secrets and trade secrets related to the obligors,we can properly balance the evidence bias.In the tendency of the reform of state institutions,under the demonstration of the Supreme People's Procuratorate,the procuratorial department of public interest litigation is set up in the procuratorial organ to take charge of public interest litigation,which not only embodies the rule of law and specialization,but also improves the efficiency of handling case.The difficulty of identification has always been a difficult problem in environmental public interest litigation,and the result of identification is very important to the case trial,even plays a decisive role.It is an innovation to establish a public welfare appraisal institution and set up a database of appraisal technical experts,which not only solves the problems of appraisal,but also ensures the fairness and justice of appraisal.In order to improve the evidence collection system of procuratorial organs in environmental civil public interest litigation,it is necessary to clarify the principles that procuratorial organs should follow in evidence collection.The principle of obtaining evidence according to law is the most basic one.Due to the complexity of environmental cases,procuratorial organsalways try their best to collect comprehensive evidence in order to fulfill their duties.In the case of meeting the standard of proof,it is emphasized that the principle of collecting necessary evidence is the principle of both fairness and efficiency.The masses are the creators of history.They are always full of strength and wisdom.Closely contact with the masses,rely on the strength of the masses to collect case clues and evidence,play the positive role of the masses,expand the source of case clues,and also deepen the people's understanding of the procuratorial organ and environmental civil public interest litigation.In judicial practice,it is rare for the procuratorial organs to lose cases,but it does not mean how perfect the evidence collection system of the procuratorial organs in environmental civil public interest litigation is.In fact,the practice of the procuratorial organs in practice often has some degree of dislocation with the legal provisions.The research and discussion on the evidence collection of the procuratorial organ in the environmental civil public interest litigation will play a positive role in enriching the public interest litigation.