Several Issues Of Environmental Pollution Of Infringement Proceedings

According to properties of environmental pollution and litigation of tort of environmental pollution, the characters of the prosecution evidences of tortuous behavior of environmental pollution can be concluded as technical, easy vanishing, concealed, complex, ecological and professional.In the litigation of the tort of environmental pollution, case filing or not by the people court depends on the facts and materials provided by litigant according to regulations of law. But the prerequisite "main evidences" required by the regulations are too strict.The preservation of prosecution evidence in the tort of environmental pollution needs to meet the requirements of preservation conditions regulated by common evidence preservation system. Litigants in the tort of environmental pollution have no responsibility to judge whether to meet the requirements of preservation conditions, but should give sufficient explanation for it. The preservation system before litigation should be established and the rights to apply for preservation of prosecution evidences before litigation should be endued.Compared to common tort lawsuit, the specificity of the evidence adduction system in tort of environmental pollution is reflected in the responsibility distribution of evidence adduction. The inversion principle to strict liability and burden of proof is regulated by laws. The plaintiff should demonstrate the facts of the environmental pollution behaviors by the defendant, the personal injury and property loss and the concrete evidences that may acquire. The defendant should demonstrate the conditions of responsibility free or responsibility mitigation and the negative causality between his own behavior and the harm with relative concrete evidences. The general regulations about evidences collection in laws without any concrete instructions make the litigant's rights on evidences collection very void and abstract. The plaintiff's detailed evidences adduction as prerequisite of inversion principle about responsibility of evidences adduction and causality presumption make the inversion principle that designed to solve the difficulty in evidences adduction useless. The plaintiff has no responsibility to demonstrate the existence of causality. But he should demonstrate "the possible connection" between the environmental pollution behaviors and harm consequences. To solve the difficulties in evidences adduction in some extant, some measures can be adopted like to cultivate lawyer profession in environmental pollution, establish legal aid system to help victims in environmental pollution and make the environment administrative department useful in evidences collection and preservation.The specificity of the evidences in tort of environmental pollution and the deficiency in relative knowledge background make the certification in the tort of environmental pollution very difficult. To solve this we suggest to establish the system of the participating of experts in court, selecting jury profession in environmental pollution, supporting the environment protection NGO and making the standards in environment health and ecology damage.