Research On The Distribution Of The Burden Of Proof In Environmental Civil Public Interest Litigation

Environmental civil public interest litigation is a new form of litigation and an important litigation method for realizing environmental rights and protecting environmental public interests.However,it is still in the stage of exploration and improvement because it started relatively late.In order to properly hear environmental civil public interest litigation cases,although the current laws and judicial interpretations have detailed provisions on the system's plaintiff qualifications,scope of acceptance,jurisdiction,reconciliation,mediation and other specific matters,and strengthened the operability of the system,There is still a lack of systematic,clear and specific legal provisions on the issue of the system's burden of proof.The environmental civil public interest litigation system has attracted much attention since its inception.The distribution of the certification responsibility of this system has caused heated discussion as a frontier issue.The distribution of proof responsibility plays a decisive role in the litigation system.In the litigation system,it should be proved that how responsibility should be distributed and what kind of distribution rules should be adopted.This is not only the core issue of the litigation system theory research.It is also a major problem in judicial practice.Environmental civil public interest litigation to prove whether the distribution of responsibility is scientific and reasonable not only relates to the smooth development of the system,but also affects the final practical effectiveness of the system.This article takes the distribution of environmental civil public interest litigation certification responsibility as the main line of research.It first introduces the concept and characteristics of the litigation system,expounds the meaning and nature of the civil litigation certification liability,and combs the theory of civil litigation certification liability allocation.Secondly,through a detailed interpretation of the relevant laws and judicial interpretations of the distribution of the burden of proof of the litigation system in China,an in-depth analysis of the current legislative status and existing problems of the system,clearly pointed out its incompatibility and inoperability in judicial practice One situation.Moreover,by studying and combing the similar systems and specific rules of Germany,Japan,the United States and India,we have examined the theoretical achievements and specific institutional arrangements of these countries,so as to get the enlightenment of the distribution of responsibility for the proof of the litigation system in China,on the basis of the legislative background and its own characteristics,based on the legislative background and characteristics of our country's the litigation system.We should learn from the useful experience of extraterritorial countries in the aspects of causality commitment,causality determination methods and judicial dynamics.Finally,in view of the problems of the distribution of responsibility for proof of environmental civil public interest litigation,some suggestions are put forward,hoping to benefit the relevant legislation and judicial practice of proving liability distribution in this system.On the one hand,it is important to clarify the basic principles of the system's certification of responsibility distribution.On the other hand,it is necessary to clarify the relationship between the different types of plaintiff subjects and the distribution of burden of proof,and to construct a system of burden distribution with the presumption of causality as the core.In addition,we should improve the relevant supporting system for the distribution of certification responsibility in the litigation system,including the proper use of the certification obstruction system and the proper exercise of the right of judges to interpret.