Study On The Standard Of Environmental Tort Litigation

With the increasing environmental pollution and damage, due to environmental pollution resulting from infringement become a major social problem. Increasing environmental tort litigation requires us to infringement of the causal relationship between the environment accurately identify and define the environment in order to pursue infringers in civil and even criminal liability. Elements in tort liability, the causal relationship be determined whether the tort liability the establishment of the primary factors. Especially with the diversity of the Responsibility principle, the principle of fault liability and even weaken the role of the demise of causation was established almost a tort whether or not the absolute elements. To accurately define the environmental tort causation, would have to involve discussions of environmental tort standard of proof. The present writer, after substantial comparative studies and in-field investigation, finds that the resolution lies in the procedural law domain, namely, the solution to the problem is obtainable through explorations into the civil procedural proof standard. But the researches on the standard of proof are just at the initial stage, and relevant theories are unsystematic and shallow. Efforts have been directed to the introduction to the research results about Anglo-Saxon law system, while research about the basics theories on the civil procedural proof standard of the continental law is rather weak. It is believed that relevant studies should be based on the research fruits of the countries of continental law such as Germany and Japan, and the pilot research orientations, associated with the misunderstanding s and disadvantages in our civil procedural proof standard theories and legislation so as to start studies in this area, and finally provide our pollution lawsuit trial legislation and law application with theoretical basis.This article will give a systematic discussion by the following six parts.The first part introduction, Judicial practice by environmental hazards such cases the number of facts that an increasing number of environmental tort litigation requires us to infringement of the causal relationship between the environmental accurately defined, to be held environmental infringers civil liability or even criminal liability. To accurately define the environmental tort causation, would have to involve discussions of environmental tort standard of proof. I believe that presumption of causal relationship in civil standard of proof is procedural law problems in the field, from the areas of substantive law to resolve problems in the present circumstances. From the judicial practice view, it can only play a palliative role.The second part will through illustrations of the basic theories of the proof standard, I point out the concept of proof standard. And in regard of the concept of environmental tort proof standard that has double probability implication. By analyzing the feature of the environmental infringement cases, which means that professional, act invisible, and the outcome is due to sexual and local government intervention and other factors. We clear environmental infringement need to establish standard system.The third part is a detail introduction to the appearance and development of the basic theories of the Anglo-Saxon and continental law systems. This paper makes a comprehensive comparison between the two law systems, points out the root for the differences, and by comparison. This part carefully explores the concrete issues caused by the different viewpoints on the civil procedural proof standard and finally points out the choice of proof standard in China and the aspects we should pay attention to.The fourth part I point out the present situation and problems of the research of civil procedural proof standard as a preparation for the following parts of the dissertation. By analyzing the clauses of "on the Civil Evidence provides that" of the Supreme Court, we recognize the progress and shortcomings of environmental tort.The fifth part attempts to establish a legal theory of lowering of proof standard. Through introduction and analysis of the German superficial proof and Japanese rough inference the paper draws a conclusion: Standard should be lowered in event of the case that unequal distribution of evidence. We shall, where appropriate, draw foreign causal presumption method to reduce the standard of proof. In the development of "preponderance of probability" standard of proof required for the principle, meanwhile, the complexity of the case and different subjects and to prove that the object should also distinguish different standards of proof.The sixth part will provide a introduction about two theory which closely related to the issue of proof standard: proof burden and inference. Both relationships are unity and complement each other, are indispensable. Standard of proof is not a castle in the air, must have established the foundation to make a set of standards to effectively play its biggest utility, the key is related to system support.In view of the current real situation of China's environmental violations, China should make a positive response, which is to consummate actively environmental tort liability system from the legislation. Only in this way, we can make the victims of numerous violations relieve timely, and the fairness and justice of law can be also functioned greater.