A Study On The Environmental Tort Litigation Of Burden Of Proof

In recent years, China’s economic development and industrialization process accelerated,pressure on the environment is becoming increasingly urgent, too many to count industrialpollution accidents occur each year in the country, due to environmental pollution anddestruction caused by the civil disputes is increasing. People in order to safeguard theirlegitimate rights and interests and the law department, but can get compensation of victims isless and less. In the environmental tort litigation process, the burden of the two sides havedecided the risk of losing, so the burden of proof becomes one of the key problems in theprocess of litigation. Our system of civil liability of environmental tort in terms of overallsummary of the more perfect, but there are many defects and deficiencies, in the relevantlaws are imperfect, it is necessary to formulate relevant laws and regulations, cleardetermination of damage, liability without fault, the transfer of burden of proof, presumptionof causation principle. The action of environmental tort laws to abide by, well documented,and better protect environment, realize the sustainable development of society. In this paper,the current status of environmental tort civil liability system of simple analysis, throughanalysis, thus to our country civil action of environment tort responsibility distribution coreissue in this regard is discussed. Finally try to put forward and suggestions for China’s systemof civil liability of environmental tort, such as part of the revision of the environmental tortelements; the civil responsibility of environmental torts undertake appropriate to expand thescope of compensation, thinning exclude and infringe, do specific responsibility; socialaspects in the environmental tort liability establishment of environmental damagecompensation fund, establish the system of environmental liability insurance. But the securityand ways of relief in the environmental tort civil aspects: to grant the right and responsibilityidentification of consultation request right, expand the scope of environmental tort in ourcountry, the establishment of the arbitration system of environmental tort.