A Study On The Responsibility Of The Procuratorial Organs To Bring About The Burden Of Proof Of Environmental Civil Public Interest Litigation

Perfecting the burden of proof system is an important part of improving the system of environmental civil public interest litigation system.This paper summarizes the competitive focus of the procuratorial organ’s burden of proof in environmental civil public interest litigation by analyzing the case of Changzhou Procuratorate prosecuting Xu Jianhui and Xu Yuxian for pollution disputes,that is,the burden of proof for pollution behavior,the burden of proof for damaged result,the burden of proof for causality and the burden of proof for disclaimer subject.Through the analysis of competitive focus,it found that the procuratorial organs have many difficulties in performing the burden of proof in environmental civil public interest litigation.Analyzing the reasons,it includes three points mainly: Firstly,there are deviations in the understanding and application of the rules of burden of proof by the procuratorial organs.Second,the procuratorial organs are not clear about the preliminary burden of proof and the relevant standard of proof.Third,the supporting system related to burden of proof is not perfect.For the problems reflected by the procuratorial organs in practice,this paper puts forward three legal countermeasures.Firstly,on the basis of referring to the practical experience of the two legal system states and considering the ability of procuratorial organs to collect evidence,this paper discusses the distribution of burden of proof,and perfects the distribution system of burden of proof with the inversion of burden of proof as the core.Secondly,for the understanding for the preliminary burden of proof,with introducing into the probability standard of the "Civil Procedure Law",through the appropriate adjustment of the probability standard to better definitude the preliminary proof standard.For the distribution three elements of burden of proof and the corresponding probability standard of disclaimer subject,and according this to judge the completion of the preliminary burden of proof of the procuratorial organs.Thirdly,through perfecting the procuratorial organ litigation supervision system,strengthening the inter-departmental linkage system and improving the expert and appraiser system,to perfect the burden of proof related supporting system.