Research On The Allocation Of Burden Of Proof Of Environmental Tort Causation

The distribution of responsibility for proof of causality of environmental tort has always been a difficult problem in environmental tort litigation.Although it is stipulated in the legislation that the distribution of burden of proof of causation of environmental tort should be applied to article 66 th of tort Liability law.However,judicial practice does not fully follow this legislative allocation rule.Scholars have also analyzed this legislative provision from different angles,forming a number of different points of view.The interpretation of several issues concerning the application of law by the Supreme People's Court in hearing cases of disputes over liability for environmental tort,promulgated in 2015,further clarifies the respective areas of proof of the de facto relationship between the original defendant and the cause and effect of environmental tort.However,this judicial interpretation still can not solve the problems in theory and judicial practice.What exactly are the plaintiffs and defendants responsible for proving the facts in the chain of causation? What is the factual correlation between pollution behavior and the result of damage? Can we construct a more realistic and operable rules for the allocation of burden of proof in view of the particularity of the fact of causality of environmental tort...This paper attempts to examine the particularity of the cause-and-effect relationship of environmental tort,and constructs the two-stage causality proof responsibility allocation rule on this basis.In addition to the introduction and conclusion,this article is mainly divided into the following five chapters: The first chapter describes the necessity and particularity of the study on the burden of proof of causality of environmental tort.The subjective fault element is excluded from the constitutive elements of environmental tort liability,under which the inversion of the burden of proof of causation seems to be more than that.Because the causality of environmental tort has different complexity,scientific uncertainty and so on from the general tort causality,it is very difficult for litigants to prove it.The second chapter examines the status quo of the distribution of burden of proof of causation of extraterritorial environmental tort.This part mainly introduces the relevant theoretical theory and judicial trial of the burden of proof of causality of environmental tort in the United States,Germany and Japan.Through combing and summing up,we can find that compared with our country,the United States,Germany and Japan have adopted a more flexible and diverse approach to solve the problem of causality proof in actual trial,rather than simply proving causality to the defendant.Although modern times have produced a variety of theories and practices of causality proof,even so,the discussion of each of the arrays has failed to grasp the nature of the causality of environmental tort.Theoretical research from the fact of causality itself cannot weave a logical network of the distribution of responsibility for proof of causality of environmental tort.The third chapter is the legislation and judicial practice of the distribution of burden of causation proof of environmental tort in China.On the one hand,the paper mainly combs and analyzes the legislative trajectory of the distribution of burden of proof of causality of environmental tort in China.The grasp of the legislation on the distribution of burden of proof responsibility of environmental tort in China is the premise and basis of evaluating it below.On the other hand,through the case analysis of two typical cases of causality of environmental tort,it can be concluded that the distribution of the burden of proof of causality of environmental tort in judicial trial is not strictly in accordance with the law,and to some extent it can be said that the practice of judicial trial on the distribution of burden of proof of causation of environmental tort is superior to the legal provisions The fourth chapter reflects on the distribution of the burden of proof of causality of environmental tort in China.Starting from the fact of causality of environmental tort itself,this chapter points out that the burden of proof of causality of environmental tort in China exists in the discussion of the category of abstract concepts such as separation from reality and too much entanglement with value,and holds that the distribution of the burden of proof of causality of environmental tort in China should be based on the mechanism of environmental tort damage.Then the abstract causality facts are refined,which helps the litigants to clarify the object of proof of causality.The fifth chapter examines the rules of responsibility allocation of causation based on the fact that the two stage of environmental tort damage is investigated.This chapter first analyzes that the particularity of the causality of environmental tort lies in the fact that the occurrence of the damage result is caused by the damaged environmental medium.Therefore,the proof of causality of environmental tort can be divided into two stages,the first stage should first prove that the pollutant causes the environmental medium to be damaged,on the basis of the second stage to prove that the damaged environmental medium leads to the final personal rights,property right damage.