Study On The Burden Of Proof In Action Of Environmental Tort

With the rapid economic development, the environmental tort is moreand more serious, and causes much litigation in action of environmentaltort. However, as some rules in the assignment of burden of proof in actionof environmental tort are still unreasonable, it is hard to protect the victims.Based on such background, after analyzing our country’s law and learningfrom the advantages of theory and system in other countries, this papergives some suggestion to improve the legislation of the assignment ofburden of proof in the action of environmental tort.Besides the introduction and conclusion, this paper has four parts：Chapter1is an overview. In this chapter, the author first clarifies andexplains the general principles of the assignment of burden of proof, andtells the importance of the assignment of burden of proof. Then the authoranalyzes the environmental tort litigation, gives the concept ofenvironmental tort, and summarizes the characters of such litigation. Theauthor finally summarizes two basic problems to be solved in the study ofthe assignment of burden of proof in the action of environmental tort,which establishes the foundation for further discussion.Chapter2is about the criterion of liability and the proven object inenvironmental tort liability. The author first introduces some moderncriterion of liability, then explains the optimal choice of the environmentaldistort criterion of liability in perspective of law theory and economictheory, and analyzes the fundamental theory and legislation of criterion ofliability in such tort in world. Based on this, the author introduces and accepts the legislation rules of environmental tort criterion of liability inour country, and tells the proven object in current criterion of liability.Chapter3is the comparison of rules in the assignment of burden ofproof in the action of environmental tort. The author first summarizes thetheory and practice of the rules in the assignment of burden of proof in theaction of environmental tort in the world. Then the author summarizes andanalyzes the legislation of the rules in the assignment of burden of proof inthe action of environmental tort in our country, and critically reflects therules in the assignment of burden of proof in the action of environmentaltort in theory and practice. Finally the author compares the rules in theassignment of burden of proof in the action of environmental tort in ourcountry with other countries in the world.Chapter4is the rebuild of rules in the assignment of burden of proofin the action of environmental tort in our country. The author separatelydiscusses three important parts in the assignment of burden of proof in theaction of environmental tort： infringement, damage result and causation,and gives suggestion to improve. Finally the author explains the burden ofproof in disclaimer subject and clarifies some misunderstandings.