Thoughts On The Improvement Of The Environmental Civil Suits

Environmental tort is a special violation. Elements of its components, the principle of attribution, the standard of causal relationship, the burden of proof, the main proceedings and so on are different from the traditional tort significantly, but because our current civil environment is carried on in according with Civil Procedure mode, without a specialized, complete, independent environmental disputes Support Act.thatlegislation is stagnant has seriously hindered the management of the environment civil disputes and environment civil rights of citizens relief. Therefore, we need to transform and innovate the traditional civil tectonic theory in order to meet the needs of modern society, easing China's current serious situation with increasing environmental disputes.In particular, the current system of civil litigation environment in the direction of reform should focus on improving the main proceedings qualification system, a sound environment litigation rules of evidence, the creation of a new action program and more civil disputes relief channels. In this paper, in light of China's current environment of the actual situation of civil proceedings, using my knowledge of the law and understanding of the issue ,environmental civil main qualifications , the standard of causal relationship and the distribution of the burden of proof are discussed and sound proposals and ideas are put forward. The structure of the article:Chapter 1: Overview the environmental civil suits. First expounding on the concept of the environmental civil suits and the characteristics, and then introducing the development of the environmental civil suits, legal and the legislative situation and finally discussing the role of the environmental civil suits.Chapter 2: civil environment subject qualification. analysing the main peculiarities of Civil Procedure, and the related systems conducted in the U.S.A, pointing out that China's current legal provisions on the issue and its shortcomings and defects, proposing the perfect idea and concept.Chapter 3: causal relationship. constructing of China's civil environment's causal relationship.on the basis of china's traditional limitation and through the analysis and comparison of several domestic and international theory.Chapter 4: Standard of Proof. First analysing th the environmental civil suits limitations brought by the traditional civil proof standard, followed by discussing the necessarity of multi-level proof standard which exists differentiy .finally,concluding a perfect idea.Chapter 5: Distribution of the burden of proof. First introducing the speciality of the burden of proof in the environmental civil suits and then , analyzing and comparing the allocation of the burden of proof rules of common law and civil law, putting forward some thoughts and ways of thinking about how to improve the"upside down"rules of the burden of proof.