民事环境公益诉讼证明问题研究——以重庆市某公益诉讼案为例

Research on the Proof of Civil Environmental Public Interest Litigation: Taking a Public Interest Litigation Case in Chongqing as An Example

本文以重庆市公益诉讼案作为引子,讨论分析民事环境公益诉讼证明对象的范围、现行法对其证明标准的确定及合理性分析、证明责任如何以理性的原则进行分配和作为核心证据的司法鉴定在民事环境公益诉讼中所遇到的问题。这些问题的讨论立足于案例,结合现行法律法规的规定,分析制度的优劣和利弊,进行比较法考察,最后提出对相关条文的完善建议。

This paper takes the public interest litigation case of Chongging as the introduction to discuss and analyze the related problems of civil environmental public interest litigation,including the scope of its object of proof,the determination and rationality analysis of its standard of proof in the current law,how to distribute the burden of proof according to the principal of rationality,and the problems encountered by judicial expertise as the core evidence in civil environmental public interest litigation.The discussion of these issues is based on the case,combined with the provisions of the current laws and regulations,analyzes the advantages and disadvantages of the system,makes a comparative study,and finally puts forward some suggestions to improve the relevant provisions.