Research On Distribution Of Burden Of Proof In Civil Action Of Environmental Tort

Environmental tort has happened frequently for decades in China,and consequently,there is an increase in the number of civil actions of environmental tort. The shortcomings of the distribution of burden of proof in civil actions of environmental tort gradually show up in the process of these actions. Environmental tort, as a special form of tort, leads to the special way of distributing burden of proof.This paper tries to go through the theories and doctrines concerning the distribution of burden of proof in civil actions of environmental tort, and base on which, summary the fundamental knowledge of it. By listing the relevant existing provisions and regulations of law in our country, mainly in laws like Civil Procedure Law of the People’s Republic of China, Tort Law of the People’s Republic of China and Environmental Protection Law of the People’s Republic of China etc. and the related judicial interpretation of the Supreme People’s Court, the author finds out the disadvantages of the law in force. Based on the above analysis,the author comes up with proposals of measures for the purpose of improving the distribution of burden of proof in civil actions of environmental tort. For example, we are supposed to establish the principles of distribution of burden of proof in civil actions of environmental tort, list explicitly the burden of proof and its standard of the parities, and make judges undertake the duty of explaining and directing in the application of special distribution of burden of proof. Moreover, it would be better for the National People’s Congress to promulgate laws concerning the distribution of burden of proof in civil actions ofenvironmental tort, rather than any other organs of authority or any other forms of norms. Besides, to build up other mechanism of evidence in civil actions of environmental tort is also in bad need.At the end of this paper, the author express his recognition of the process China has made in the improvement of the distribution of burden of proof in civil actions of environmental tort. The author further points out that innovation in judicial practice may supply ideas for both legislation and academic research in this field. Last but not the list,the author emphasizes the significant meaning of the improvement of the distribution of burden of proof in civil actions of environmental tort in judicial practice and social life.The author initiates the two-step strategy to build up the mechanism of the distribution of burden of proof in civil actions of environmental tort, and that is to try out in the form of judicial interpretation of the Supreme People’s Court and then the promulgation by the National People’s Congress. During the process of analysis and demonstration, for the sake of finding multiple solutions,a variety of methods of diversified academics are used such as methods of environmental science,legislation and economics.