Research On The Burden Of Proof System Of Environmental Administrative Public Interest Litigation In China

With the promulgation of the new administrative procedure law,the environmental administrative public interest litigation system initiated by the procuratorial organ has been formally established in China.As we all know,the burden of proof system is a problem that can not be avoided in the process of solving administrative public interest litigation in the field of environment.However,it is regrettable that in the current laws related to environmental administrative public interest litigation in China,although the burden of proof system has been preliminarily stipulated,it obviously can not meet the development needs of environmental administrative public interest litigation in China,and there are serious problems such as unreasonable distribution rules of burden of proof,lack of proof standards and poor operability,which lead to environmental administrative public interest litigation.It is really difficult to implement the burden of proof system,which not only greatly increases the difficulty of prosecution and response of administrative organs in environmental administrative public interest litigation,but also is not conducive for judges to find out the truth of environmental and resource cases,so it can not effectively protect national interests and social public interests.In order to solve the above problems,it is necessary to study the burden of proof system in environmental administrative public interest litigation.This paper mainly studies and analyzes from the following three parts: the first part expounds the relevant concepts of the burden of proof system of environmental administrative public interest litigation,and compares it with other relevant litigation systems,and makes a reasonable analysis of the particularity of the burden of proof system of environmental administrative public interest litigation;the second part analyzes the current situation of China’s legislation and judicial practice respectively.This paper fully introduces the relevant situation of the burden of proof system in the administrative public interest litigation,and studies the defects of its existing legal system and the implementation difficulties faced in the judicial practice;the third part puts forward some reasonable measures and suggestions to improve the burden of proof system of environmental administrative public interest litigation,Including the establishment of a diversified and unified system of proof standards,the construction of a reasonabledistribution system of the burden of proof,and the improvement of relevant supporting measures to ensure the effective implementation of the burden of proof,This paper hopes that through these measures,environmental administrative public interest litigation can really play its due role in our country,protect our environment and resources,and safeguard the national and social public interests.