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Academic Journal of Humanities & Social Sciences, 2022, 5(10); doi: 10.25236/AJHSS.2022.051004.

Study on distribution of burden of proof in environmental Administrative Public Interest Litigation


Yijing Lu

Corresponding Author:
Yijing Lu

Zhejiang Agriculture & Forestry University, Hangzhou, China


Environmental administrative public interest litigation is different from ordinary administrative litigation, which is independent from civil litigation. It is not only about the overall standard of the use of government public power, but also about the effective realization of the public goals and interests of environmental protection society. Procuratorial organs at the grass-roots level in our country environmental administrative public interest litigation filed resource directly work a number of specific problems, not specifically stipulates clearly the allocation of burden of proof system, the administrative organs are obtain evidence of the favorable conditions, but the people's procuratorate and the absence of transfer evidence exists between administrative organ legal problems, cause the procuratorate in the case of consume large amounts of resources. Therefore, our country's environmental administrative public interests in civil litigation of burden of proof allocation rules of procedure of legislation needs to be perfected further, law of proof standard in our country related stipulation, the tort damage fact, causality, administrative subject behavior and its legitimacy, administrative organs have any illegal act or the wrong, Burden of proof, interests and other matters shall be standardized.


Environmental administrative public interest litigation, the burden of proof, proof standard

Cite This Paper

Yijing Lu. Study on distribution of burden of proof in environmental Administrative Public Interest Litigation. Academic Journal of Humanities & Social Sciences (2022) Vol. 5, Issue 10: 21-26. https://doi.org/10.25236/AJHSS.2022.051004.


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