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On The Burden Of Proof Of Causality Of Environmental Torts

Posted on:2018-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q J YanFull Text:PDF
GTID:2356330515979511Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy and rich material life,the tort of environment changes,our environment has been particularly severe damage,visible,the use of judicial means to solve the urgent problems.But compared to the general tort of environment tort,there are indirect and long-term and widespread,it is because of these special characteristics,makes the parties canít provide evidence of causation in environmental tort exists or not,the burden of proof is a difficult problem in theory and practice.For the proof of causation in environmental tort responsibility,the majority of domestic scholars agree with the "tort liability law" and "rules of evidence" as stipulated in the "inversion of burden of proof" principle,in practice,the judge in the case also is mostly used in the inversion of burden of proof;there are also some scholars prefer the theory of causation presumption the theory of presumption,although not related to legal provisions,but with the latest judicial interpretation "tort liability law" promulgated,the theory also appears in the judicial interpretation,and in the case of specific cases,the judge has begun to apply the theory to the presumption of causality.The causal relationship between the burden of proof is the breakthrough point of environmental tort case based on the environmental pollution in the increasingly grim situation,to protect the legitimate rights and interests of citizens,a pressing matter of the moment is to solve the problem that the responsibility of proof of causation.According to the characteristics of environmental tort,the relevant laws of our country have established the principle of no fault liability,the principle of inversion of burden of proof,and so on.But since the original defendantand judge of environmental tort awareness is relatively weak,the lack of understanding of the characteristics of environmental tort and the relevant principles in the specific application process can not correctly grasp the responsibility,also easy to confuse,so it is not good to use these principles to solve the problems of environmental tort.In addition to the inversion of burden of proof principle too aggravating pollution emissions of the burden of proof,the greater the risk of losing,so easily lead to the defendantís lawsuit status is not equal,the provisions there exist certain irrationality.This paper attempts to analyze the literature search,case and comparative study of related theories and methods at home and abroad,proposed the causality presumption and inverted burden of proof combined,clearly defined in the law shall be made by the victim liable to prove causality exists,but can reduce the low standard of proof of evidence;secondly the offender to deny the causality required evidence of disproof,and its evidence should meet the standard of proof of the high degree of probability;thus can coordinate both parties bear the burden of proof,the litigation status of the balance of the two,again and through the perpetrators of the acts of pollution punishment to curb environmental violations.
Keywords/Search Tags:Environment tort, Causal burden of proof, Inversion of burden of proof
PDF Full Text Request
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