The Study Of Burden Of Proof Of Environmental Public Interest Litigation Initiated By Prosecution

The system of environmental public interest litigation initiated by prosecution is one of the effective judicial ways to protect the public interest of the environment.In 2015,China's Supreme People's Procuratorate carried out the pilot work of public interest litigation in the fields of ecological environment and resource protection,and has established the environmental public interest litigation initiated by prosecution system.However,due to its initial stage,the current litigation system does not clear the special rules of the distribution of the burden of proof,which makes the distribution of the burden of proof in the litigation lack of theoretical support,lack of legislative supply and different judicial decisions,seriously hindering the full play of its function of maintaining environmental public interests.The burden of proof is called "the backbone of civil litigation".How to allocate the burden of proof in the system of environmental public interest litigation initiated by prosecution will directly affect whether the system can effectively play its role,and whether the public interest can be effectively protected.Based on this,it has important theoretical and practical value to study the burden of proof of environmental civil public interest litigation brought by prosecution by using literature research,case analysis and comparative research.Through the comparative analysis of environmental public interest litigation and private interest litigation,the prosecution and other subjects to bring environmental civil public interest litigation,it is proposed that the prosecution must follow the special burden of proof distribution rules when bringing environmental civil public interest litigation.Then,the author combs the legislative and judicial status of the environmental civil public interest litigation initiated by the prosecution in China,it is found that there are still some problems in the process of environmental civil public interest litigation brought by the prosecution in China,such as the lack of legislation on the distribution of special burden of proof,the confusion of judicial application of the burden of proof in tort facts,the dislocation of the standard of proof and the allocation of burden of proof.On this basis,the paper puts forward some countermeasures to improve the distribution principle of the burden of proof,refine the special burden of proof of infringement elements,construct multiple standards of proof and improve the guarantee system of the burden of proof,in order to make the distribution of burden of proof in this system more reasonable and fair,and make the procuratorial organ bring environmental civil public interest litigation system into full play great utility,so as to effectively maintain environmental public welfare.