Research On The Burden Of Proof Of Criminal Incidental Environmental Civil Public Interest Litigation

Criminal incidental environmental civil public interest litigation combines the characteristics of criminal public prosecution and incidental environmental civil public interest litigation,which will inevitably lead to mutual influence between the two.By analyzing and solving the problems arising in legislation and judicial practice,the relationship between the two litigation stages can be better coordinated and a balance between justice and efficiency can be achieved.This paper explores the distribution of the burden of proof and its related systems in criminal incidental civil public interest litigation,focusing on the impact of the criminal public prosecution stage on the incidental environmental civil public interest litigation stage.Issues such as outsiders in criminal cases,the validity of criminal evidence exemption,the right to investigate and obtain evidence,and the application of appraisal opinions have been optimized.The text is divided into five parts.The first part is the introduction,which discusses the meaning and significance of the topic selection.Criminal incidental environmental civil public interest litigation has become an important type of public interest litigation.Only by dividing the burden of proof reasonably can the balance of justice and efficiency be achieved.Secondly,it combs the research status at home and abroad,and finds deficiencies through combing the academic views.Finally,the research methods,contents are stated.The second part mainly expounds the basic theory related to the burden of proof of criminal incidental environmental civil public interest litigation.The first section analyzes the criminal incidental environmental civil public interest litigation in terms of concept,subject,function and value.The second section briefly introduces the relevant theories from the concept of the burden of proof and the distribution rules of the burden of proof in criminal incidental environmental civil public interest litigation,which lays the foundation for the following sections.The third part summarizes the current situation of the distribution of the burden of proof in the criminal incidental environmental civil public interest litigation by reviewing the classic cases and sorting out the legislative norms.The fourth part summarizes a series of problems based on the above situation,including the related problems of the burden of proof of causality,the exemption of criminal evidence,the problem of the burden of proof of criminals,the right of investigation and evidence collection.The fifth part puts forward targeted optimization suggestions for the problems in the fourth part,determines the presumption of causality,determines the standard of proof for preliminary proof,restricts the effect of criminal evidence exemption from evidence,restricts the expansion of investigation and the power of evidence collection,and establishes pretrial evidence preservation.The preservation mechanism,the improvement of the environmental appraisal system,and the improvement of the expert witness system.