A Study On The Burden Of Proof In The Prosecution Of Administrative Public Interest Litigation

To establish the administrative public welfare lawsuit brought by the investigating and prosecuting apparatus,the CPC Central Committee made a major decision deployment,is vest investigating and prosecuting apparatus with the party and the state new duties,is also a comprehensive national strategy to fore-and-aft development trend under the rule of specific measures,in this article,through carding and administrative public interest litigation related laws and regulations for the pilot,summarizes the work of the pilot areas and abroad experience,find that the burden of proof in administrative public interest litigation is currently faced with the problems and difficulties,and the investigating and prosecuting apparatus filed administrative public welfare lawsuit burden research discussed in this paper,divided into four parts in this paper.investigating and prosecuting apparatus bring administrative public interest litigation in the first place the burden of proof of status and characteristics were summarized,and the administrative public interest litigation legislation and judicial status quo,as well as the investigating and prosecuting apparatus in the administrative public interest litigation the burden of proof has carried on the list,the problems in the current our country exist in the administrative public interest litigation of burden of proof is not clear problem has plagued investigating and prosecuting apparatus,and then puts forward Suggestions on the problems existing in the practical case,in order to better improve the investigating and prosecuting apparatus filed the administrative public interest litigation,and discusses some experience at home and abroad,Some experiences at home and abroad are discussed to provide more reference materials and basis for investigating and prosecuting apparatus to initiate administrative public interest litigation,Finally,some Suggestions and countermeasures are put forward in the hope of making a better contribution to the investigating and prosecuting apparatus power in this system.Investigating and prosecuting apparatus as legal supervision organs of state,its has the property of on behalf of the state interests and public interests,the investigating and prosecuting apparatus filed administrative public interest litigation is to protect the interests of the state and the objective requirement of the social and public interests.