Study On Burden Of Proof Distribution System In Environmental Tort Litigation

Since the modern industrial revolution,with the rapid development of the world economy,the environment has also suffered serious pollution and destruction,and a series of huge environmental problems have spewed out,affecting the living environment of human beings and restricting the sustainable development.In recent years,while people pay more attention to environmental protection,the problem of environmental infringement has sprung up.At present,our country generally applies the rule of inversion of burden of proof in environmental tort litigation cases,but the application of this rule in practice also has some drawbacks,which can not better solve the variability and complexity of the current environmental infringement litigation cases.On the question of the plaintiff’s preliminary proof of relevance,the current legal provisions of our country are not detailed,therefore,the current situation of environmental tort litigation cases in our country,it is urgent to improve the relevant supporting system and solutions.This study analyzes the current determination of the burden of proof in environmental tort litigation in our country,through comparing the relevant systems and rules of the burden of proof of environmental tort in foreign countries,to find the defects in the system of burden of proof of environmental tort in our country,so as to improve the distribution of burden of proof in the judicial practice of environmental tort litigation in our country.On the basis of fully understanding the theory of burden of proof distribution system in environmental tort litigation at home and abroad,this paper enumerates the norms of burden of proof distribution system in environmental tort litigation in our country.This paper is divided into four parts,the first part is the environmental tort litigation burden distribution system overview,this part mainly from the current environmental tort burden of proof meaning,characteristics,object and imputation principle four aspects,in order to lay the foundation for further discussion below.The second part is the current situation and problems of the distribution system of the burden of proof in environmental tort litigation in our country.Because of the lack of legal support in the current system of the distribution of the burden of proof in environmental tort litigation in our country,this part mainly through understanding the current situation,and find out its problems.The third part is the relevant system and experience of the burden of proof distribution of environmental tort litigation in foreign countries,this part of the different legal system countries of environmental tort burden distribution system for a more detailed combing and discussion,to remove its dross,take its essence,learn from the beneficial experience of other countries,from which the distribution system of these countries to China’s environmental tort burden of proof distribution system inspiration.The fourth part is the improvement of the system of burden of proof distribution in environmental tort litigation.This part is based on the second part of the discovery of China’s environmental tort burden of proof distribution system is insufficient,put forward targeted improvement suggestions,analysis of China’s environmental tort litigation burden of proof distribution system in practice and legislation deficiencies.To draw on the experience of foreign theories and systems to provide effective experience for the construction of burden of proof distribution system in environmental tort litigation in China.Through combing the domestic environmental tort litigation burden distribution system,combined with foreign beneficial experience for reference,targeted to improve the environmental tort litigation burden distribution system put forward effective suggestions.With a view to the allocation of burden of proof in environmental tort in practice can be better used.