Reflection And Reconstruction Of The Burden Of Proof In Environmental Civil Public Interest Litigation In China

China’s "Civil Procedure Law" and "Environmental Protection Law" established the environmental civil public interest litigation system.Since then,a number of judicial interpretations have been issued in succession to detail the problems of such litigation.Unfortunately,the provisions on the distribution of burden of proof in this kind of litigation are not reasonable.At present,the "burden of proof inversion" provision in Article 66 of the Tort Liability Law is the most common analogy in such lawsuits.However,as a law regulating the tort of private interests,it does not fit in with the environmental civil public interest litigation,which also causes some confusion and difficulties in judicial practice.Through analysis,it is found that there are several major problems in the rules of burden of proof for environmental civil public interest litigation in China,including unclear scope of application,insufficient consideration of the difference between public interest litigation and private interest litigation,and no typecast distinction for environmental civil public interest litigation.In order to solve the above problem,from the Angle of rule level need to be the current legislation of civil environmental public interest litigation the burden of proof rules and related judicial cases as the breakthrough point,to reflect on the related theory and the problems existing in the judicial practice and its deep reasons,and the scope of civil environmental public interest litigation study of the burden of proof rules,related theories and practical experience.Based on the above exploration,it is necessary to adopt the "typification" method,and reasonably construct the system of burden of proof rules applicable to this kind of litigation by considering the differences between different prosecution subjects and the particularity of different case types,and put forward corresponding Suggestions accordingly.