Research On The Rules Of Scientific Evidence Admissibility In Environmental Tort Litigation In My Country

With the rapid development of the economy,science and technology have advanced by leaps and bounds,and science and technology have brought people great benefits,convenience,and higher efficiency,and have made humans increasingly dependent on science and technology.In the field of environmental law,the use of science and technology to solve a series of problems arising from environmental tort litigation has become very common.The environmental lawsuits that have emerged since the reform and opening up have brought scientific evidence to the forefront,and the review of scientific evidence in the judicial practice in China has been characterized by an appraisal system.The recognition of scientific evidence in the trials has,to a large extent,challenged judges' decision-making power.Because the provider of scientific evidence is mainly an expert of the accreditation body.Experts' opinion on scientific evidence is a basis for the judge to determine whether the injurer is infringed,whether there is a causal relationship between the damage act and the damage consequence.However,in practice,judges have excessively relied on expert opinions,and they have not adopted censorship and adopted the information directly,leading to unfair trials.The professionalism of scientific evidence,the limitations of the professional background of judges and participants in litigation make the review of scientific evidence in the courtroom a difficult problem.Problems arising from legislation on environmental infringement lawsuits,such as the incomplete legislative system of environmental tort litigation,lack of attention to the status of scientific evidence,relatively few theoretical studies,how judges in the courts cross-examination and verification of scientific evidence,and the overall lack of scientific evidence The guidance of the rules led to the lack of reasoning of judges in the judgment documents,which did not convince the parties and seriously undermine the credibility of the judiciary.In environmental judicial practice,judges sometimes rely too heavily on scientific evidence,leading to repeated repeated appraisal and repeated appraisal.The parties constantly appealed and complained,and the case was unresolved for a long time.Based on the above issues,this paper focuses on how to adopt scientific evidence in environmental infringement lawsuits to study and analyze the status quo and problems of adopting scientific evidence in infringement lawsuits in China,and puts forward proposals to improve the adoption of scientific evidence in China's environmental tort litigation.The first part is the basic concept of the rules of acceptance of scientific evidence.It definesthe meaning of scientific evidence,the relationship between scientific evidence and appraisal opinions,and the rules for adopting scientific evidence.The second part is the status quo of the rules of adopting scientific evidence in China's environmental tort litigation,combing the historical evolution of China's environmental infringement lawsuits adhering to scientific evidence,summarizing the legislative and judicial status quo of China's environmental infringement lawsuits adhering to scientific evidence,and analyzing the problems arising from it.And its causes lay the foundation for perfecting the rules of adopting the scientific evidence of environmental tort litigation in China.The third part analyzes and expounds the necessity and feasibility of perfecting the rules of adopting scientific evidence of environmental tort litigation in China.The fourth part examines and analyzes the theory and practice of the rules of adopting scientific evidence in the Anglo-America law system and civil law system developed countries,and draws on their useful experience to improve the rules of adopting scientific evidence for environmental tort litigation in China.The fifth part is to perfect the rules of adopting scientific evidence of environmental tort litigation in China from the intrinsic and external attributes of scientific evidence.Based on internal attributes,it is necessary to establish the status of scientific evidence in environmental tort litigation,perfect the standard of review of scientific evidence,and improve cross-examination procedures.Based on external attributes,it is necessary to strengthen the independence of judges on scientific evidence,improve the system of environmental judicial appraisals,and improve the system of expert assistants.