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

The burden of proof lies in the proceedings,just as the nerve center is in the human body."If you win,you win the proceedings,if you lose,you lose the proceedings." The important value of the burden of proof is academic consensus,but the burden of proof in the context of environmental public interest proceedings.Opinions remain controversial on the issue of rational distribution.Studies on the distribution of burden of proof relate to the successful functioning of environmental public interest proceedings and the guarantee.Based on the active development of environmental law,litigation law should continue to develop to escort it.First,through the basic combination of the burden of proof and the burden of proof are homogenized and reach a consensus of debate.In addition,a basic introduction to the concept of environmental public interest proceedings and the subject of proof will be given.Second,it summarizes and analyzes the specific provisions of current legislation on the burden of proof,understands the overall structure and legislative characteristics of this system in environmental civil interest proceedings,and some typical It was pointed out based on the collection of cases.Existing irrationality and problems,such as the 100% success rate of China's current system prosecutor.In addition,the author weighed the theory and system of burden of proof in environmental public interest proceedings in the current two major legal systems and investigated whether it could be used as a reference in the assignment of burden of proof in environmental public interest proceedings.In our country.Finally,based on the impact of various types of plaintiffs on the distribution of burden of proof in environmental civil interest proceedings,clarify the guidelines and order of value in environmental public interest proceedings and supplement support measures such as obstruction of evidence and disclosure of information.I will.To improve the burden of proof distribution system,the burden of proof of various essential facts may be used to protect the litigation rights and interests of the parties to the environmental civil public interest litigation,thereby promoting substantive justice.Expected.Environmental civil lawsuits and protection of environmental interests.