Study On The Burden Of Proof In Administrative Public Interest Litigation

With the awakening of Chinese citizens' awareness of protecting public interests,the public interest litigation system has entered the public's vision.On June 27,2017,China's administrative procedure law was amended.In article 25 of the amendment,the administrative public interest litigation system was written into the law for the first time.This not only makes the channels of public welfare protection more diversified,but also reflects that China attaches great importance to environmental protection,resources and other social public welfare,which is consistent with the concept of"community of Shared future for mankind" currently advocated by China.After that,in 2018,the Supreme People's Court,the Supreme People's Procuratorate and jointly issued "on the procuratorial pil cases to explain some issues of applicable law,the new explanation system began full rise in each aspect,and is no longer a framework,also make the procuratorial organs in specifically to deal with such cases when the maneuverability.The establishment of administrative public interest litigation system represents the state's emphasis on public interest,and it is a relatively new mode of legal supervision,including pre-litigation procedure and litigation procedure.The pre-litigation procedure means that the procuratorial organ first issues procuratorial Suggestions on this case.If the administrative organ fails to perform its due duties according to law within two months,the procuratorial organ,as the supervising organ,may file a lawsuit with it as the defendant.However,the most important burden of proof in litigation is not reflected,especially in the distribution of the burden of proof in some detailed provisions,but there is no detailed provisions in the relevant legal provisions of our country.The importance of the burden of proof is self-evident.When the evidence cannot be provided to prove the facts of the case,or the facts of the case are not clear,the party stipulated by the law will bear the risk of losing the case,which directly affects the outcome of thelawsuit.In detail,in the overall framework of the burden of proof in administrative public interest litigation,namely,the distribution of responsibility,if the public interest litigant bears too little burden of evidence and there are too many litigation cases,it is not conducive to balancing the relationship between executive power and judicial power,but also causes a certain burden on the administrative organ.On the other hand,it is that the procuratorial organ bears too little responsibility of evidence and cannot achieve the original intention of the system.Therefore,the construction of the burden of proof system should be closely followed by the establishment of the litigation system,constantly enrich and improve,in order to better meet the requirements of judicial trial,and then improve the efficiency of case handling.This paper combines the newly promulgated legal provisions,the different views of the academic community,and the factors that should be considered for the burden of proof,so as to decompose,organize and form opinions on the current status of legislation and the existing problems in judicial practice,hoping to promote the development of the administrative public interest litigation system.This article mainly from the following six parts to discuss the improvement of the administrative public interest litigation the burden of proof system,this paper is the introduction part,this part mainly elaborated the research significance,the purpose of the administrative public interest litigation system and domestic present research achievements,this paper puts forward problems and the research content,research method,etc.The first part of the body,first of all,from the theoretical basis of administrative public interest litigation the burden of proof,this paper introduces the connotation of the burden of proof,content,and the connotation of the administrative public interest litigation system,analyzes the onus probandi allocation should take account of the factors,pick out the purpose of public interest litigation,the procuratorial organs "as the particularity of the plaintiff,the administrative organ of the principle ofadministration according to law,evidence distance,v.procedures before the five important factors for analysis.The second part,in the present situation is introduced,from the lack of legislation,the academic circle of academic controversy,and reflects the problems in the judicial practice present situation,in order to mainly have the burden of proof allocation is not clear,the lack of a clear proof standard,investigation to verify right still is not perfected,the judicial authentication mechanism is not the four main problems such as health,are expounded.The third part compares the burden of proof in administrative public interest litigation with that in civil and administrative litigation.The fourth part analyzes the relevant systems of Japan,Germany and the United States.The fifth part,put forward the perfect proposal,divided into five small part,on the one hand,from the legislative level,put forward when making related regulations to clear the basic principle of burden of proof,clear class as cases and not as a case the burden of proof,perfect the burden of proof standard,the provisions of the third person the burden of proof;On the other hand,from the perspective of the operating mechanism,it is necessary to improve the procuratorial organs' right of investigation and verification,as well as the independent right of investigation and evidence collection of the court accepting the case,and establish the judicial expertise relief mechanism of the procuratorial organs.Finally,through these Suggestions,we hope to further develop and improve the administrative public interest litigation system,so as to improve the efficiency of the administrative organs,so as to protect our country and protect our environment.