Research On Investigation Of Prosecuting Authority In Environmental Administration Public Litigation

As an important part of social public interest,the protection of ecological environment and resources has become the first field of legal authorization for procuratorial organs to file administrative public interest litigation.After experiencing from pilot exploration to nationwide spreading,environmental administrative public interest litigation has achieved all-round development,and has become the focus of public interest litigation.With the development of the judicial practice of environmental administrative public interest litigation,the limitations and deficiencies of the procuratorial organs in the investigation and evidence collection are increasingly apparent.On the one hand,the lack of theoretical research on the investigation and evidence collection of environmental administrative public interest litigation in procuratorial organs makes the investigation and evidence collection work of procuratorial organs lack of systematic and systematic theoretical guidance;on the other hand,the imperfect guarantee mechanism of investigation and evidence collection,the lack of unified normative system for the investigation and evidence collection work of procuratorial organs and the lack of investigation and evidence collection ability of case handling policemen Sufficient subjective and objective factors also lead to the blindness and weakness in the investigation and evidence collection of environmental administrative public interest litigation.The problem of "difficult investigation and evidence collection" has always hindered the smooth development of environmental administrative public interest litigation and the effective implementation of public interest protection effect.In view of the above problems and difficulties,the author first analyzes and defines the particularity of environmental public interest and environmental administrative public interest litigation system based on the theory of public interest,combined with the public and environmental characteristics of environmental public interest.Secondly,from the theory of the principle of imputation in environmentaladministrative public interest litigation,this paper points out that the principle of imputation in administrative action should belong to the principle of fault liability.Based on the analysis of different theories of the distribution of the burden of proof in environmental administrative public interest litigation in China,this paper bases on the purpose of litigation,the principle of administrative rule of law,the distance between evidences and the distribution of the burden of proof in previous procedures Four points dominate the principle of the distribution of the burden of proof,and analyze the provisions of the normative documents such as judicial interpretation of public interest litigation,and demonstrate that the current procuratorial organ should bear all the burden of proof in the distribution of the burden of proof in environmental administrative public interest litigation.Then,through the analysis and research of the evidence rules in the pilot provisions and the interpretation of public interest litigation,the author has framed and defined the scope of the facts to be proved,that is,the object of proof,in the environmental administrative public interest litigation,and combined with the proof concept of "legal truth" in the current administrative litigation proof standard of our country,the author has made a detailed analysis of the evidence rules in the environmental administrative public interest litigation Different types of cases,litigation stages and objects of proof put forward "diversified proof standards" which should have different levels.Finally,based on the principle of imputation,the burden of proof,the object of proof and the standard of proof,the author studies the investigation and evidence collection work of the procuratorial organ from the following three aspects: principle,problem analysis and system improvement,and puts forward the principle of paying attention to the dynamic and all-round relevance of evidence,the principle of safeguarding the public interest of the environment,the principle of independently exercising the right of investigation according to law On the basis of the six principles of objective and comprehensive principle,the principle of standardization according to law and the principle of prudence and prohibition,this paper analyzes and sorts out the problems existing in the investigation and evidence collection of environmental administrative public interest litigation carried out by procuratorial organs,such as the lack of investigation guarantee mechanism,the lack of standardization of investigation and evidence collection links,and the lack of investigation and evidence collection ability of case handling policemen,and finally puts forward the establishment of investigation and evidence collection The right guarantee mechanism gives procuratorial organs theright of investigation enforcement,innovates the means and methods of investigation and evidence collection,constructs a diversified evidence collection guarantee system,strengthens the investigation and evidence collection ability of case handling policemen,and establishes the evidence preservation system before environmental public interest litigation.The author hopes to study and discuss the difficulties and difficulties of the investigation and evidence collection of environmental public interest litigation,and combine the theory of procuratorial power with the system innovation of the judicial practice of public interest litigation,so as to provide help for the improvement and innovation of the investigation and evidence collection of environmental public interest litigation in the future.