| The burden of proof has long been regarded as the "backbone" of litigation,and its status in the field of litigation is self-evident.According to various types of cases to occur frequently in judicial practice in the environmental litigation system,the burden of proof is difficult indeed existing.Sometimes,the use of the burden of proof is not satisfactory.Therefore,it is unrealistic to try to cover the complicated and changeable environment with some principles.The court is the place to find justice and seek justice.The key to the balance between the substantial justice and the procedural justice in the environmental dispute is to design and perfect the system of burden of proof.Except the introduction and conclusion,this paper consists of the following main four chapters:Chapter one:An overview of the proof system of environmental civil public interest litigation.This chapter is divided into three parts,respectively introduces the environmental civil litigation proof system connotation and basic content of civil environmental public interest litigation,to prove the value and significance of difference and environmental civil public interest litigation system and other litigation.Specifically,in the course of the discussion,the first to do a basic theory,and then around the environmental civil public interest litigation is different from the characteristics of other litigation are introduced.Finally,it points out the importance of the proof system to protect the environmental rightsChapter two:The present situation and defects of the proof system of environmental civil public interest litigation.This chapter is divided into two parts.The first part points out the present situation of legislation,judicature and theory of environmental civil public interest litigation.The second part uses the method of case analysis,points out the existing problems of the system of burden of proof.The paper points out that "the imputation principle of ecological destruction behavior is not clear;secondly,the distribution of the burden of proof does not distinguish between the types,which is not conducive to the realization of legal status of equality;then it proves that the defect responsibility inversion theory itself,the conflict and action of the main body,and can not be a good solution to the practice of environmental civil litigation proof responsibility appears the problem,again for the causal relationship of presumption.The last part points out the defects of the environmental civil public interest litigationChapter three:Extraterritorial investigation of the proof system of environmental civil public interest litigation.This chapter mainly introduces the main theory of extraterritorial proof system and Its Enlightenment to china.Firstly,it introduces the theory of burden of proof,which involves some theoretical introduction of the standard of proof.Then the most difficult part of the burden of proof:the identification of causal relationship,the introduction of several specific methods.In the end,this paper discusses the Enlightenment of these theories to our countryChapter four:Suggestions on perfecting the proof system of environmental civil public interest litigation in china.This chapter puts forward the problems,from the ecological damage imputation problems clear,based on the consideration of the distribution of burden of proof,the subject of litigation "presumption of causation,the correct application of the standard of proof of the reasonable establishment and actively take advantage of judicial activism in five aspects the author puts forward suggestions for perfecting the proof system... |
