Ecological Environment Administrative Public Interest Litigation Procuratorial Organs Burden Of Proof Study

Procuratorial organs to file administrative public interest litigation is the fourth plenary Session of the 18 th CPC Central Committee deployment of an important reform task,from the institutional level of public interest litigation is a new system under the guidance of the system,courts at all levels Procuratorates actively carried out judicial practice,and administrative public interest litigation cases increased sharply,among which ecological environment and resource protection cases accounted for the largest proportion and exposed the most prominent problems.Especially the burden of proof of procuratorial organs is an urgent problem to be solved.Many judicial interpretations revised and subsequently promulgated in the administrative procedure law only make general provisions on the burden of proof.There are still gaps in the specific rules on how to allocate the burden of proof,the division of the standard of proof,and the failure of administrative organs to perform their statutory duties.From the perspective of the essence of the ecological environment public interest litigation system,this paper discusses its own functional orientation,and defines the necessity of the reasonable distribution of the burden of proof between the procuratorial organ and the administrative organ.Through the analysis of typical cases in practice,it is found that in most cases,the procuratorial organs bear excessive burden of proof,and clarify the causal relationship between the administrative behavior of administrative organs and the damage of environmental interests,the judgment of standard of proof and other specific situation analysis and division basis.In addition,supporting mechanisms such as national financial support and damage identification need to be improved.The thesis consists of five chapters:The first chapter is the introduction.Firstly,it introduces the research background of administrative public interest litigation,and determines the direction for the later research of this paper.On this basis,this paper expounds the research content and research ideas,and explains the research methods used.The second chapter mainly expounds the overview of the burden of proof of the procuratorial organ of ecological environment administrative public interest litigation.From the perspective of the special type of environmental public interest litigation,it can clarify the special status of the procuratorial organ in the litigation process and the differences between environmental administrative litigation and other litigation.It is difficult to directly apply the distribution principle of the burden of proof in other administrative litigation and civil litigation.The third chapter mainly collects,summarizes and analyzes the typical cases of environmental public interest litigation in recent years.Through the analysis of these cases,it can be found that the procuratorial organ has a great burden of proof in the process of litigation,and it is clear that the procuratorial organ should bear the burden of proof in the process of litigation.The fourth chapter is based on the case analysis of the third chapter,looking for the main problems existing in the burden of proof in China’s environmental public interest litigation at the emerging stage,and believes that there are four main problems: unreasonable distribution of the burden of proof,difficult identification of administrative organs failing to perform their statutory duties,inconsistent specific standards of proof,and difficult identification of public interest damage in ecological and environmental cases.The fifth chapter puts forward the solutions to the problems analyzed in the fourth chapter,such as scientifically distributing the burden of proof,establishing a reasonable identification standard for administrative organs to perform their statutory duties,clarifying the application of the proof standard of ecological environment administrative public interest litigation,and improving the identification of public interest damage and cost bearing mechanism.