Research On The Collection Of Evidence System For Parties In Environmental Civil Public Interest Litigation

Since Article 55 of the Civil Procedure Law gave qualification to filed Environmental Public Interest Litigation to the vested offices and the related organizations in 2013,to the execution of the most harshest Environmental Protection Law of People's Republic of China on January 1,2015,which clearly defined the qualifications of social organizations that can file Environmental Public Interest Litigation,and then to the Supreme Court released the Interpretation of the Supreme Court on Several Issues Concerning the Application of Law in the Trial of Environmental Civil Public Interest Litigation on January 6,2015,The promulgation and implementation of these legal documents made the Environmental Public Interest Litigation in our country a big step forward,the number of Environmental Public Interest Litigation cases has increased,and has drawn wide public concern.However,combing the number of prosecutions,the number of cases filing and the number of plaintiffs winning victories of Environmental Public Interest Litigation cases in our country since 2013,we can see that this kind of "springing up" is just an illusion-China's Environmental Public Interest Litigation has not reached the desired level that should be reached,the number of Environmental Public Interest Litigation cases is negligible compared to the number of environmental pollution incidents infringing the public interests,not to mention the number of cases plaintiffs win.Among the causes of this phenomenon,the importance of evidence can not be ignored.Excessive burden of proof is an important reason that hinders environmental protection organizations from bringing Environmental Public Interest Litigation.Legislators have also tried to reduce the burden of proof on the plaintiff through inverting the burden of proof.However,Judicial practice proves that focusing solely on the distribution of burden of proof can not solve the plight of Environmental Public Interest Litigation in our country.The root of excessive burden of proof on the plaintiff is the difficulty of obtaining evidence.It is necessary to provide the plaintiff with effective evidence collection methods and means by improving our evidence collection system.This paper attempts to put forward feasible suggestions on how to improve our evidence collection system based on the analysis of the evidence collection system in foreign countries and in Taiwan of China.In the first chapter—the introduction partanalyzes the background and the significance of this research,the status quo of relevant research at home and abroad,the purpose and methods of this research.The second chapter analyzes the current situation of evidence collection in Environmental Civil Interest Litigation in our country by using case analysis method.Based on this,the author summarizes the shortcomings and the negative effects of current evidence collection system in our country.The third chapter analyzes comparatively the British and American expert witness system and evidence discovery system and the instruments proposing system and evidence preservation system in Taiwan of our country,in order to provide experience for perfecting the system of evidence collection in our country.The fourth chapter puts forward some suggestions on how to establish the system of evidence collection in Environmental Public Interest Litigation in our country.It mainly constructs the instruments proposing system,improves the evidence preservation system and appraiser system.