Research On The Proof Standard Of Environmental Tort Litigation

Nowadays, as the environmental pollution and damage become more and more serious, the litigation about environmental tort become more and more. For the tort litigation about environmental pollution and damage is very special and diversity, our Civil Procedure Law has ruled special rules, for example, the burden of proof is inversed, Causation presumption and so on. The standard of proof is the proceedings of the direction and criteria require the extent of the burden of proof of the cases proved to be achieved. Environmental tort litigation the original defendant, the parties dominant position not prove the great disparity of the ability of countries to balance the interests of both parties, alleviate the problem of the proof of the plaintiffs, safeguarding the legitimate rights and interests of environmental tort victims of environmental tort litigation generally provides a flexible standard of proof lower. China’s standard of proof in civil proceedings, has been in use is the same as the criminal proceedings "objective reality" idealized standard, until2001, the Supreme Court the adoption of certain provisions of the Civil Evidence ", only to establish a" high degree of probability "standard of proof. The standard of proof in environmental tort litigation proceedings, China did not make special provisions applicable to a single high degree of probability standard of proof, together with other civil. The standard of proof in environmental tort litigation proceedings, China did not make special provisions applicable to a single high degree of probability standard of proof, together with other civil. This makes it difficult to be protected the interests of environmental tort victim’s, but also face higher litigation costs, high environmental tort cases of miscarriage of justice. To solve these problems, our country must be combined with the legislative status quo, to learn from abroad, the more mature approach, the particularity of the environmental tort litigation, the more reasonable to consummate the environmental tort litigation that the standard system.This article is divided into five parts, the elaboration of the system. The first part is the introduction, the overall state of the environmental tort litigation and the special requirements of standard of proof in this foreign environmental tort litigation in general with a variety of ways to reduce the standard of proof in principle standard of proof, but our country in this regard there are a lot of lack. In this connection proved the practice and theory of the necessity of this study. The second part describes the environmental tort litigation to prove the meaning and characteristics of the basic concepts of standard characteristics of the infringement on the environment, environmental tort litigation generally that the special requirements of the evidence system, through the elaboration of the standard of proof meaning and effect, highlighting the proof of standards in environmental tort litigation and its impact on the parties. This section focuses on that China’s environmental tort litigation to prove the need for standard consummation. The third section describes the probability of the common law system dominant, a high degree of probability of the civil law standard of proof, as well as a number of representative countries which legislation and judicial practice on the standard of environmental tort litigation. The fourth section describes the development and current situation of China’s civil tort litigation and environmental tort litigation action to prove the standard, as well as of environmental tort litigation the standard of proof brings. The fifth part is the focus of the paper, consolidated before the text analysis, proposed consummation of Environmental Infringement Actions to prove the standard ideas as well as the specific design, this section pointed out that in China at present should be to establish a high degree of cover probability prove that under the standard multi-level flexible environmental tort litigation to prove the standard system, and complete and perfect system of procedural safeguards.