Research On The Burden Of Proof In Administrative Public Interest Litigation

In practice,the burden of proof is an important link to guide judges to judge cases.In theory,the burden of proof includes two types: subjective burden of proof and objective burden of proof.The objective burden of proof is the backbone of the burden of proof.The subjective burden of proof revolves around the objective burden of proof and is constantly transferred between the subjects of proof..How to allocate the burden of proof in China’s administrative public interest litigation is an important issue,which needs to consider China’s specific national conditions,the institutional purpose of administrative public interest litigation and relevant judicial practice,so as to design the system.Considering the purpose of administrative public interest litigation,the legal supervision status of procuratorial organs,the functions of subjective and objective burden of proof,and the difficulties encountered in the practice of administrative public interest litigation,the burden of proof of administrative public interest litigation in China should continue to adhere to the principle of inversion of the burden of proof within the overall framework of administrative litigation.However,at the same time,it should be noted that there are some differences between administrative public interest litigation and administrative private interest litigation.Therefore,in the specific design of the burden of proof system of administrative public interest litigation,we should make the following arrangements: first,under the trend of typed administrative litigation in academic circles,we should distinguish between act and omission to determine the specific matters of proof in administrative public interest litigation;Secondly,it is clear that the procuratorial organ bears the preliminary burden of proof.When the authenticity of the case is unknown,the defendant administrative organ bears the main objective burden of proof;Finally,based on the distinct objective litigation attribute of administrative public interest litigation,the application of ex officio investigation and evidence collection by the court in administrative public interest litigation should be expanded,and the scope of ex officio investigation and evidence collection by the court should be reasonably set.