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

In recent years,with the continuous promotion of the administrative rule of law in China,the focus of the administrative legal system has shifted from the protection of the rights and interests of the administrative counterpart to the protection of the public interests of the state and society.The administrative public interest litigation system has emerged,playing an important role in food and drug safety,ecological and natural protection,state-owned assets protection,etc.,which is illegal for administrative organs The exercise of the functions and powers prescribed by law or the ineffective exercise of public power to prevent public welfare damage has been corrected.China's 2017 revised administrative procedure law authorizes procuratorial organs to file administrative public interest litigation.To regard procuratorial organ as prosecutor is an effective design in line with the functional division of state organs and the institutional framework of our country.However,as far as its nature is concerned,the procuratorial organ also undertakes the function of national legal supervisor,so it is necessary to scientifically and reasonably distribute the burden of proof between the prosecutor and the administrative organ in the administrative public interest litigation.The research on the distribution of burden of proof in administrative public interest litigation is helpful to solve the application of specific provisions in case handling,reasonably determine the burden of proof of both parties,so as to find out the facts of the case and realize the effective supervision of the administrative organ in the judicial process.At present,the distribution of burden of proof in administrative public interest litigation takes into account the special attributes of procuratorial organs.However,the defects of the current system ofburden of proof distribution are also exposed in practice.The administrative public interest litigation as an objective litigation is directly incorporated into the current legislation,which leads to the system tension between the objective litigation and the subjective litigation,thus affecting the reasonable distribution of the burden of proof;the connection between the current provisions is not smooth,and the different requirements for the degree of proof of the procuratorial organ in different judicial interpretations lead to the procuratorial organ being at a loss;in practice,the procuratorial organ is different for different There are different kinds of evidence materials submitted in different types of cases;on the proof of public interest infringement,there is a conflict in the degree of proof,and there is a lack of a more clear standard guide;and the procuratorial organ applies the same provisions to the illegal and nonfeasance cases in the administrative public interest litigation;judicial interpretation gives the procuratorial organ the right of investigation and verification,but compared with the civil public The detailed content of ownership in the interest litigation,the power provisions in the administrative public interest litigation are more general and vague,and there is a mismatch between the right to obtain evidence and the burden of proof.The above problems affect and restrict the advantages of administrative public interest litigation system.In order to ensure the effectiveness of administrative public interest litigation,we should first establish the principle of distribution of burden of proof,that is,on the basis of the inversion of burden of proof,strengthen the burden of proof of the procuratorial organ for legal matters;secondly,refine the current provisions of the burden of proof in administrative public interest litigation,learn from the constituent elements of tort law to prove the damage to the national and social public interests,and at the same time,put the administrative public interest intopractice In the specific operation,we should distinguish the action type and the omission type of the case,and make clear the burden of proof of the procuratorial organ in the procuratorial suggestion link,as well as the burden of proof of the administrative organ;finally,we should improve the investigation and verification power of the procuratorial organ,make clear the ownership content of the investigation and verification power,and build the investigation and verification power The relief mechanism of real right and the guarantee of rigid system.