Research On The Burden Of Proof In Consumer Civil Public Interest Litigation

The burden of proof is not only a bridge between substantive law and procedural law,but also a link between evidence system and litigation procedure,which affects the final result of litigation.In frequent violations under the present situation,the burden of proof in consumer civil public interest litigation legislation dispersion and chaos,dislocation disappear assist and the status of the procuratorate,lack of operability to guide judicial practice.Confined to internal and external factors,consumer`s association are difficult to play a full part in protecting the legitimate rights and interests of consumers.The present situation of burden of proof in consumer civil public interest litigation mainly shows that procedural capacity of consumer`s association and procuratorate is different,the object of proof is complicated and the distribution of burden of proof is different,which leads to the complex issues of burden of proof in consumer civil public interest litigation.The main manifestation is as follows: the scope of public interest in the consumption area is too narrow to meet the protection purpose of public interest litigation;The object and standard of proof of primary evidence are confusing.The limitation of the theory of fault liability in consumer civil public interest litigation,the lag and imperfection of relevant legislation and the aggravation of the burden of proof of fault elements in practice reflect the imperfection of the public interest tort liability system.Lacks the ability to obtain evidence makes it difficult for the burden of proof rule of consumer public interest litigation to play a practical role.Based on the above analysis and then throw out a suggestion:expand the protection scope of public interest litigation,and determine the consumer public interest with the rights and interests of numerous non-specific consumers as the core of protection and the market transaction order as the boundary of protection.The object of proof of preliminary evidence should be clarified and the standard of proof should be lowered.The dual imputation system of consumer public interest tort,namely fault liability and strict liability,is established,and the burden of proof is divided comprehensively according to the infringer and tort type.In the obtain testimony capacity building of consumer public interest litigation.In order to strengthen the consumer civil public interest prosecution subject’s ability to obtain evidence,we should strengthen the training of professionals,make sure all internal and outside communication is smooth.and perfection of evidence mechanism.