Civil lawsuit of environmental pollution for public interests is an important path that public participate the environmental protection. Right that not to give relief was not right is one of the tallest creeds of the rule of law. If the public benefits in environment can＇t be given relief through the litigation, the individual benefits in environment can hardly realize. In china civil lawsuit requests the plaintiff has direct interests relation, which have obstructed the civil lawsuit of environmental pollution for public interests. How cross this barrier, how explore an effective way to clear the civil lawsuit of environmental pollution for public interests, how clear the public interest litigation in people＇s procuratorate duties, is an important issue in front of us.
In China, the rules of evidence almost is blank space, which makes many scholars try to provide some usage rules for evidences＇ collection, investigation, judgment, by studying the attribute of evidence. All above make the study about attribute of evidence fall into an error area. The attribute of evidence is not the same as the evidence＇s characteristic, it is the most foundational nature, which is distinguished from other things. The attribute of evidence and the rules of evidence in litigation belong to different categories, and they can＇t be made in one unity. This paper aims to put forward the ＂layer theory＂ on attribute of evidence through analyzing main error areas of theories in attribute of evidence.
