Study On The Burden Of Proof In Action Of Environmental Tort In The New Era

With the advent of the new era,people's awareness of rights and environmental protection are increasing,and environmental litigation infringement is showing a high incidence.In the entire litigation process,the core issue is how to assign the proof of responsibility of both parties.However,looking at China's current laws and regulations and related judicial interpretations is an absolute subjective burden of proof.It can be seen that the lack of system has led to the confusion of the distribution of responsibility in judicial practice,which in turn has affected the process of ecological civilization construction in the new era.Therefore,it is imperative to improve the system of assigning responsibility for environmental tort litigation in China.Firstly,classify the infringement behavior,damage results,and causal relationships,and analyze the problem in depth.Second,analyze the theoretical and judicial practices of other countries and regions and draw on excellent experience.Finally,from the two perspectives of the subjective proof responsibility distribution system and the objective proof responsibility distribution system,the corresponding improvement suggestions are put forward.Persist in implementing Xi Jinping's new era of socialist ideological ecological civilization with Chinese characteristics into the whole process of ecological civilization construction,constantly improve the system of environmental tort litigation certification responsibility distribution under the new era,and jointly build the rule of law China.Although China's law stipulates that the burden of proof is reversed as the principle of the distribution of burden of proof of environmental infringement civil litigation,there are still different standards for the specific principles,specific systems and methods of operation.Therefore,it is still of academic significance and practical guiding significance to study the system of assigning responsibility for environmental tort litigation in the new era.