Research On A Number Of Issues Of Environmental Pollution Tort Disputes Of Trial Practice

With the economic and social development, environmental pollution tort has increasingly become the focus in legal theory and practice. China also produces a variety of environmental litigation judicial practice. These practices exposed in the environmental pollution of the existing law in tort types of cases the main problem is the action of the main qualifications are too strict, unreasonable allocation of the burden of proof, a single form of legal liability, implement numerous difficulties. Infringement of environmental pollution should be the main breakthrough in the current legal restrictions on eligibility for the appropriate extension. To raise environmental tort plaintiffs should include (1) direct victims; (2) prosecution; (3) bear the responsibilities of the executive branch of environmental regulation; (4) social organizations; (5) other individuals. Infringement of environmental pollution should be extended to the proper defendant (1) bears the administrative organ specific regulatory functions; (2) insurance companies.Environmental burden of proof in infringement disputes should be more specialized. Plaintiffs burden of proof, including damage to the facts and law of the defendant's conduct. Verily, in which damage occurred, including the fact that the risk of damage to the facts and the fact that damage occurred; accused of illegal sexual behavior should be a broad understanding. The defendant's defenses, and norms should be more clear, focusing on coordination and balance various interests. Expert witnesses and expert witnesses should testify in court.Environmental liability in tort law should strengthen the economic responsibility, mainly to the introduction of punitive damages and mental damages. Infringement of environmental pollution in the elements suitable for punitive damages, including the defendant intentionally or grossly negligent conduct, lead, and for punitive damages is necessary. Environmental Infringement Damages in the spirit of the injured victims should be integrated for the degree of fault and the damage behavior of the offender continued to determine the extent of such factors.Effective implementation of infringement crack difficult environment issues should be the implementation of institutional reform and innovation implementation. Construction of the implementation of institutional reform, including implementation of environmental tort specialized agencies, implementing agencies should be established between leaders and the led. Innovative methods of implementation include effective methods break local protectionism; improve the social joint mechanism, improve the social credit system; establish and improve the social assistance system.