| Since the trial of the public interest litigation system,in particular,in 2017,the administrative procedure law added provisions on public interest litigation,establishing the status of public interest litigants with the right of the people’s procuratorates to bring administrative public interest litigation.Then,the "two high schools" successively issued relevant judicial interpretations,detailing specific procedures such as the jurisdiction,acceptance and certification of cases,which gradually institutionalized and normalized the environmental administrative public interest litigation system.At present,environmental administrative public interest litigation is still in the stage of exploration and development,and the relevant supporting litigation system is still not sound,and many supporting systems are not available for reference,thus restricting and hindering the smooth operation of environmental administrative public interest litigation.According to the characteristics of litigation,the burden of proof has been adjusted in the system design of environmental public interest litigation.For this reason,although scholars have put forward many feasibility studies,such as litigation subjects of environmental administrative public interest litigation,scientific and reasonable procedures,distribution of burden of proof,execution and supervision of judgment,etc.,there is little research on the standard of proof of environmental administrative public interest litigation.The standard of proof is an important litigation concept,with the object of proof and the burden of proof as the three core elements of proof,which has a strong guiding significance for the handling of cases.In particular,under the background of the slow progress of the research on the standard of proof of common administrative litigation in China and the constant disputes,there is a dilemma that the proof of environmental administrative public interest litigation cannot be referred to in practice.Analysis of the reasons shows that environmental administrative public interest litigation is more complex than traditional administrative litigation,and its characteristics,such as the commonweal nature and complexity of the interests of the protection law,thespecificity of the original defendant,the diversity of facts to be proved and the stages,require that the standard of proof can reflect its characteristics and meet the needs of litigation.In addition,the reality of the diversity of environmental administrative behavior forces the standard of proof to be diversified and hierarchical instead of single.Contrapose to then through administrative litigation proof standard problems are combed,study of the principle of the proof standard,deepened the environmental administrative public interest litigation proof standard is supposed to have its unique understanding of the value of litigation,combined with the civil law countries "discretion" standard of general rules,especially the reasonable proof,prove the advantage of the standard,the last set of environmental administrative public interest litigation proof standard modification and optimization Suggestions are put forward. |
