Environmental Tort Civil Procedure Victim's Burden Of Proof And Standard Of Proof

In China, the environmental tort violations as a special, this specificity is reflected in the performance of procedural law theory and the evidence for the traditional system can not meet people's expectations and to achieve fair and impartial entity. Therefore, it is necessary to further develop the traditional theory, to meet the needs of modern society. Between the offender and the victim in a reasonable allocation of the burden of proof, the interests and the interests of the parties will not make effective and rational distribution, will serve to ensure the protection of legitimate rights and interests of victims. Specificity due to environmental violations, the burden of proof from the domestic and international distribution of environmental tort theory and practice can be seen, most of the world for the protection of the interests of victims are often the point of view, the burden of proof to reduce the burden of the victim way infringing on the environment is allocated the burden of proof in civil cases, as well as the victim set the standard of proof in particular, the standards are not generally on the Civil Evidence Act probability, but should be lower than the general civil law of evidence on the probability of a special standard. Of course, this does not mean that environmental tort civil cases, the victims do not bear the burden of proof. In judicial practice, the court will not accept unfounded environmental tort cases, the victims still need to violations, damage results, infringement and damage results are preliminary evidence of causal relationship.