Research On The Issue Of Evidence Collection In Environmental Civil Public Interest Litigation

Today,the mode of civil litigation in our country has changed from authoritarianism to litigantism.The litigants are gradually becoming the center of litigation,and they are undoubtedly the main implementers of evidence collection.Whether the collection of evidence is the rights or obligations of the parties is not clear in the current theoretical and practical circles in China.From the current legal provisions,more emphasis is placed on the nature of the parties' obligations in evidence collection,and their rights are ignored.Attributes.However,only by granting the parties the right to collect evidence and improving their supporting systems,can they guarantee the litigation rights of the parties and achieve the unity of procedural justice and substantive justice.The development and improvement of the evidence collection system,of course,is of great significance to general civil lawsuits.In some "special" civil lawsuits,the importance may be even more prominent.Environmental civil public interest litigation is one such "special" litigation type.The research on environmental civil public interest litigation mainly focuses on the subject and the distribution of certification responsibility.For the issue of evidence collection,it is just an incidental part mentioned in the process of researching the distribution of proof responsibility.As the plaintiff's subject design,distribution of burden of proof,evidence,and preservation of environmental civil public interest litigation have a great impact on the evidence collection system,when examining the evidence collection system in the context of environmental civil public interest litigation,It is necessary to study not only the general rules of the civil lawsuit evidence collection system,but more importantly,to study the particularity of the above-mentioned related systems and their impact on the evidence collection system.In addition to the foreword of the first chapter,this paper mainly includes five parts:The first part firstly expounds the theory of the right of evidence collection and the right of evidence collection,explains the concept,nature and content of the right of evidence collection and the relationship between the standard of proof and the burden of proof,the right of proof and the right of evidence collection.Secondly,it expounds that in the context of environmental civil public interest litigation,due to the plaintiff's qualification as the main body The particularity of evidence collection due to the design,distribution of burden of proof and the characteristics of evidence itself.The second part analyzes the current situation of evidence collection of environmental civil public interest litigation from the legislative status and judicial practice,which provides a practical basis for further analysis and solution of the following problems.The third part mainly from three aspects which have a special impact on the collection of evidence of environmental civil public interest litigation,to investigate the relevant systems outside the country.In the investigation of evidence collection methods,it mainly focuses on the civil law system of document order;in the investigation of the plaintiff's subject qualification design,it mainly focuses on the provisions of social groups and individuals;in the investigation of the distribution of burden of proof,it mainly focuses on the distribution of burden of proof for the plaintiff.Through the extraterritorial investigation of the relevant systems,we found that our country's deficiencies in the system construction,we need to learn from the advanced systems outside the country,and at the same time,we need to build the evidence collection system of environmental civil public interest litigation in line with the actual situation of our country.The fourth part focuses on the problems existing in the evidence collection of environmental civil public interest litigation in China.The problem is composed of two parts,one is the problem of evidence collection system of civil litigation in China;the other is the special problem caused by the particularity of environmental civil public interest litigation(mainly the design of related system).A more detailed theoretical analysis of the existing problems is the premise and basis of the solution proposed for the following paper.The fifth part puts forward suggestions to improve the evidence collection of environmental civil public interest litigation in China.First of all,we need to improve the evidence collection system of environmental civil public interest litigation itself,including enriching the methods of evidence collection,improving the rules of judicial identification of environmental damage,and improving the rules of evidence preservation;second,we need to improve the evidence collection related system of environmental civil public interest litigation,including expanding the scope of the plaintiff's subject qualification of environmental civil public interest litigation,clarifying the burden of proof of environmental civil public interest litigation,and innovating Administrative region environment civil public interest litigation jurisdiction system.