Research On The Distribution Of Burden Of Proof In Administrative Public Interest Litigation Initiated By Procuratorial Organs

In administrative cases,the significance of the existence of public interest litigation should not be underestimated.Through legal methods and means,the work behavior of the corresponding subjects is supervised,so that the public interest that benefits people from it can play its due function and role.At the same time,it is for us Try to protect.The administrative public interest litigation system has a certain legal status on the road of legal development in our country.As we all know,the procuratorial organ is the initiator of this system,that is,the plaintiff,which means that both the plaintiff and the defendant of the administrative public interest litigation are compared to our country.In terms of traditional administrative litigation,changes have taken place,so based on this change,the relevant system on the burden of proof must be modified,and the past system cannot be copied.From the standpoint of the procuratorial organ,in order to protect the relevant interests,as the initiator of the legal process,which party should submit the evidence,what kind of evidence content,etc.,although there are relevant regulations at the legislative level,the content is relatively speaking Relatively vague,and in some aspects the legal rules are lacking,and there is no content that can be referred to and followed.From this point of view,analyze the legislative reasons and purpose of the system from multiple aspects and levels.At the same time,we should use a comprehensive perspective to analyze problems,that is to say,we can find out the shortcomings through understanding the connotation of the law and refer to the laws of other countries by linking to the actual occurrence in life and guiding cases.The main deficiencies are: the procuratorial agency undertakes The content of the burden of proof is not clear,the types of acts and omissions of the burden of proof are not distinguished,the procuratorial agency’s investigation and verification power regulations and systems are not sound,and the proof standard of the burden of proof in public interest litigation is not clear.For its existing problems,provide targeted reference opinions to improve the relevant content of the system,such as relatively specific provisions on the content of the burden of proof,distinguish between different types of burdens of proof,and investigation and evidence collection enjoyed by inspection agencies The power should clarify its powers and boundaries.And unify the proof standard of the burden of proof.Through the elaboration of this article,theoretically,it will play a certain reference role for the improvement of the issue of proof in this type of litigation.