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Bueden of Proof on the Environmental Tort Litigation

Author: WenChenGuang
Tutor: ZuoLiHong
School: Shanxi University of Finance
Course: Environmental and Resources Protection Law
Keywords: Environmental pollution The burden of proof Standard of proof Environmental tort
CLC: D922.68
Type: Master's thesis
Year: 2009
Downloads: 66
Quote: 1
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Abstract

Environmental pollution resulting from infringement dispute between the parties generally do not have equal and interchangeable, there is the strength of the difference between, environmental pollution infringement dispute also extremely complex and special professional technology-based, resulting in environmental pollution infringement disputes have a special burden of proof is different from the general tort disputes, China's current environmental pollution infringement dispute is relatively simple to prove liability provisions, only the Supreme Court on a number of provisions of the Civil Procedure evidence \provisions: damages due to environmental pollution, the perpetrators on the subject matter and behavior of the exemption provided by law, the result of damage there is no causal relationship between the burden of proof. These are just provisions of the perpetrators of the burden of proof, the lack of provisions of the burden of proof on the victim. Therefore, from the point of view of the constituent elements demonstrate environmental pollution burden of proof for the victims of infringement cases, drawing on the relevant foreign legislation and case law, the interests and not the interests of effective and reasonable allocation between the parties, not only directly applicable to the People's Court environmental pollution cases of infringement, but also can be used to guide the environmental protection administration department in charge of environmental pollution damages disputes be settled through mediation. Of environmental pollution in the country has increasingly become a very serious social problems, and environmental pollution lawsuit today people are more concerned about litigation, this paper combined with the knowledge of the Civil Procedure Law and the Environmental Protection Act, and discusses the characteristics of the environmental pollution violations, mainly There are three aspects: the subject of inequality, not specific, indirect infringement of the process, composite, damage results persistent latent. Secondly, discusses the determination of the parties in the tort litigation in environmental pollution. Again, discusses the burden of proof borne by the victims, this is mainly two-pronged approach, on the one hand, the harm fact borne by the victims, including two cases, the first case refers to damage to the facts already occurred, should be victimized people to bear the burden of proof of damage to the facts. Second case refers to the behavior of environmental pollution has occurred, not produce damage to the facts, but with the potential danger of the damage, the burden of proof should be a potential victim of the dangerous negative. The other hand, the pollution of the environment by the victim to prove the offender's behavior. Then, for the victims bear the burden of proof, the burden of proof of the offender to do the analysis, the the offender subject matter of the exemption provided by the law to bear the burden of proof. Then, this paper analyzes the Environmental Infringement Actions proof rules, mainly on the four rules described: the principle of liability without fault, fault liability principle, the principle of presumption and burden of proof of causality Inversion Principle. Down paper describes the positive and negative role of environmental litigation Reversal of the burden of proof in judicial practice. Its negative effects that appear extreme imbalances leading plaintiff litigation cost increases, increased rate of cases of miscarriage of justice to allow the defendant interests. Active role in a major change two aspects: first, to reduce the difficulty of rights, convenient for people to supervise sewage; Second, raise the costs of pollution, encourage enterprises to conservation; Finally, this paper, environmental pollution the infringement litigation burden of proof standard, mainly includes four aspects: (1) environmental pollution violations principle of liability without fault; (2) environmental pollution infringement multi-level standard of proof responsibility system; (3) Environmental Infringement different subjects, different objects of proof standard of proof; (4 Tort standards) environmental pollution innovation system. Through this discussion, pointed out the different lies, and make some suggestions, as well as help the understanding and improvement of environmental pollution infringement litigation, which regulate the hearing of the case of the class of the People's Court in the trial practice of environmental litigation and general litigation.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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