The Study Of Allocation Of The Burden Of Proof In Chemical Pollution Tort

As a new tort in modern society,environmental torts and its consequences is a compound of Infringement , the property rights and the right to life and health are likely to become the object of abuse, more serious still is on the public Public life, damage to the environment. In China, for environmental violations, the remedies of private law is still the main means. Therefore, building a more perfect system of private law remedies in order to better serve the judicial practice environmental protection and sustainable social and economic development.In this paper, as a special type of chemical pollution tort cases to start, more typical domestic Infringement cases of environmental pollution as a common reference, in a clear chemical water pollution-related damages in meaning of the concept and the burden of proof on the basis of general principles, expand the focus of controversy in the probe of the case discussion, and the burden of proof of the existing distribution system of environmental pollution analysis. After the case, some focus on issues such as the burden of proof for the principle of presumption of causation, etc,were discussed in detail. This paper is divided into three parts:Part I: Introduction to the case cause of action and the focus of controversy.Part II: Introduction to the basic theory of the case related to the background theory and our existing legal system, paving the way for combining for the case of a critical analysis of judicial practice.Part III: Dispute leads to focus on the case and make a brief assessment.Part IV: The most important part of this article. For this case and similar cases in the judicial practice, proposed finished the need to improve relevant systems and specific improvement recommendations.