An Analysis Of The Rules Of The Burden Of Proof In Environmental Civil Public Interest Litigation Initiated By The Procuratorial Agency

The environmental civil public interest litigation filed by the procuratorial organ has been recognized by the Civil Procedure Law after being piloted.This article explores the rules of the burden of proof,which is one of the core issues of the litigation system,which is related to the success of the litigation and judicial justice.The prosecutorial responsibility rules of procuratorial environmental civil public interest litigation take the particularity of prosecutorial organs as public interest litigants to participate in litigation as an opportunity to explore the necessity of prosecutorial environmental civil public interest litigation certifying responsibility rules.Although the current laws and regulations have provided relatively clear rules for the burden of proof of environmental civil public interest lawsuits filed by procuratorial organs,with the increasing number of such cases,many problems in judicial practice have begun to be exposed.This article takes the application of the proof of liability rules in the case of Jiangsu Province Xuzhou City People’s Procuratorate v.Xuzhou Hongshun Paper Co.,Ltd.as an example to demonstrate the application of the rules of liability and combines judicial practice to explore.In terms of laws and regulations,there is a legal convergence problem that applies the "who advocates,who gives evidence" and the principle of inversion of burden of proof.There is an extremely lack of legislative research on the rules of burden of proof for the particularity of this type of litigation.The prosecutor’s participation in environmental civil public interest litigation has led to an imbalance in the litigation structure and affected the fairness of the existing rules of burden of proof;and whether the people’s court’s investigation of evidence collection principles can be used as a remedy to compensate for such imbalances in the litigation structure,and how reasonable it should be Operation needs further demonstration.Based on the study of existing academic materials and his own judicial work experience,the following suggestions are made to improve the responsibility rules for environmental civil public interest litigation filed by the procuratorial organs: First,through the people’s courts and procuratorates with rich litigation and trial experience,During the period of compiling and compiling the National Code of China,we propose corresponding legislative suggestions,at the same time comprehensively review the existing environmental protection laws and regulations,compile guiding cases to guide trials,and gradually establish a legal system of the rules of responsibility for certification in line with its characteristics;The application of the principle of inversion of burden of proof in civil public interest litigation in the procuratorial environment to balance the litigation structure;in addition,the investigation and collection of evidence system of the people’s court is guaranteed to compensate for the "who advocates,who gives evidence" and the principle of inversion of burden of proof in judicial practice defect.