Study On The Bringing Evidence Of Administrative Public Interest Litigation

The burden of proof generally exists in all litigation systems and is hailed as the "backbone in litigation law".The general jurisprudence of modern burden of proof is undoubtedly Rosenbeck's "norm theory".To put it simply,in a lawsuit based on the "principle of debate",objective burden of proof and subjective burden of proof exist at the same time and the two are dialectically unified.Based on the limitation of human cognition ability,the facts of the case may always appear to be unclear.At this time,the objective burden of proof as the core of the concept has the function of guiding the judge to judge which side loses in this state.It is generally believed that the "principle of debate" has three sub-principles:first,the facts that directly determine the occurrence or elimination of legal effects can only be used as the basis for judgments in the debates of the parties,and the court must not take facts that the parties have not claimed as judgments' basis.Second,the court should base the judgment on facts that are not disputed between the parties.Third,the scope of the court's evidence investigation is limited to the evidence presented by the parties.However,because of the unique nature of objective litigation,administrative public interest litigation is likely to have a certain impact as above three propositions.Through sorting out the litigation relationship and litigation model of administrative public interest litigation,it is found that the "debate principle" still dominates the administrative public interest litigation,and then the basic rules of the administrative public litigation's burden of proof need not be considered when considering the objective litigation attributes of the public interest litigation itself.Therefore,the concept of "burden of proof" in China's procedural law norms refers to both objective burden of proof and subjective burden of proof.In terms of the burden of proof,the current legal theory of the burden of proof in administrative litigation has gradually turned to "legal requirements"(also known as "standardization").The objective litigation attribute based on administrative public interest litigation does not affect the burden of proof system of administrative public interest litigation.In administrative public interest litigation,the judge should also follow the basic rules of "legal elements" when applying the burden of proof standard,that is,to explain the substantive law and the law The statutory constituent elements in the norms rationally allocate the burden of proof between the procuratorial organ and the administrative organ.