Case Analysis Of The Distribution Of Burden Of Proof Of Environmentaltort

Environmentaltort is a sort of special torts.It has so many remarkable characters that we cannot comprehend it in traditional approaches.The occident adopt many special doctrines and institutions such as doctrine of nofault liability and presumption of causality to conform to the specialness of environmentaltort."presumption of causality which is playing an active role on protection of victims has being widely used in the field of environmentaltort by all countries."Although the study of environmentaltort is relatively late,it has made great achivements.Adapting to the characters of environmentaltort, doctrine of nofault liability and presumption of causality have been conformed in substantive law and adjective law in relation to environmentaltort.It means progress of law on environmentaltort in our country.It is a pity that many judges do not have a good understanding on the relations between interrelated doctrines and the particularities of environmentaltort.so mistakes have appeared on the understanding of interrelated doctrines and the particularities of environmentaltort.This paper have set forth characters of environmentaltort and the relations between characters of environmentaltort and interrelated institutions through analysis of the typical case.subsequently,the distribution of burden of proof have been discussed.The paper is divided into three parts:the first part is the introduction of the typical case;the second part is the focus of disputes and divergence of opinions.the third part is the analysis of legal principle for the distribution of burdon of proof of environmentaltort.There are two focus of disputes in the paper:one is the relations between lawsuits of environmentaltort and characters of environmentaltort;the other is the distribution of burden of proof. The relations between lawsuits of environmentaltort and characters of environmentaltort is the question which must be solved in the theories of environmentaltort.In the case,the primary cause of losing the ligilition is that the judge does not have a good understanding on the relations between lawsuits of environmentaltort and the particularities of environmentaltort. The distribution on burden of proof ,specially ,on the causation relation,is the most important question in the text.The author thinks that only having a deep understanding on the particularities of environmentaltort,judges could know correctly why presumption of causality has been adopted in lawsuits of environmentaltort.Thereby,the judges may make a correct dicision on distribution of burden of proof.The author elaborates on distribution of burdon of proof in two aspects:one is the facts of damage;the other is the distribution on burden of proof on the causation relation.The author thinks that the plaintiff should bear the burdon of proof on the facts of damage.on the contrary,the defendant should bear the burdon of proof on causation relation.In the end ,the author puts forward his elementary opinions on distribution of burdon of proof in the field of environmentaltort.Furthermore,the author writes his views about presumption of causality from point of view of jurisprudence.