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证明责任是环境行政诉讼中的重要问题。我国行政诉讼法及最高人民法院司法解释规定行政诉讼证明责任由被告行政机关承担,原告只承担初步证明责任和特殊事实的证明责任。行政诉讼法及司法解释确定的证明责任分配规则适用于环境行政诉讼存在问题。环境行政诉讼证明责任分配规则应当与环境行政程序证明责任分配规则大体一致。授益性环境行政行为引起的行政诉讼,实体性事实应当由原告承担证明责任;损益性环境行政行为引起的行政诉讼,实体性事实证明责任应当由被告行政机关承担。
Proof of responsibility is an important issue in environmental administrative litigation. The Administrative Procedure Law of our country and the judicial interpretation of the Supreme People’s Court stipulate that the burden of proof in administrative litigation shall be borne by the administrative organ of the defendant. The plaintiff only bears the burden of proving the preliminary proof of responsibility and the special fact. Administrative Procedure Law and Judicial Interpretation to determine the burden of proof of distribution rules apply to environmental administrative litigation problems. Environmental administrative litigation burden of proof should be consistent with the rules of environmental administrative procedures to prove the distribution of responsibilities is generally consistent with the rules. The administrative litigation caused by the environmental administrative act of beneficence and substantive fact should bear the burden of proof by the plaintiff. The administrative lawsuit caused by the environmental and administrative act of profit or loss should be borne by the administrative organ of defendant.