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Study On The Burden Of Proof In Action Of Environmental Tort

Posted on:2005-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:C B WuFull Text:PDF
GTID:2156360125956701Subject:Environmental Law
Abstract/Summary:PDF Full Text Request
Environmental tort is a special behavior,which brings about the complexity of the burden of proof,therefor,the study in this area is of vital importance in clarifying the chaos in the action of environmental tort.This paper endeavors to expound the concept and nature of the shifting of the burden of proof,the conditions of non liguet and the approach to avoid the judgement on this occasion along with the responsibility of presenting evidence and effects of proving in the case of environmental tort in such a way as to realize the value of substantial law. The arguments are based on the theory in distribution of burden of proof at home and abroad as well as on the value orientation of lawmaking in this area. meanwhile,the paper serves to make some suggestions on development and improvement of the theory and practice in the area,which will,I hope,contribute to the practice of the action.Chapter One mainly introduces the peculiarity of environmental tort and the emerging problem in the kind of action;Chapter Two deals with the nature of burden of proof in the light of theories in Common law and Continental law;Chapter Three presents the theory and practice in distribution of burden of proof in environmental tort action;Chapter Four mainly deals with the theory of burden of proof; At last comes the conclusion and suggestion in Chapter Five.
Keywords/Search Tags:environmental tort, distribution of burden of proof, shifting of burden of proof, non-liquet
PDF Full Text Request
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