Liability And Compensation Standard Of Environmental Infringement Case Evidence

Based on the new "Environmental Protection Law" was promulgated and "Tort Liability Act", while the face of this increasingly serious environmental pollution problems, more and more people take litigation to safeguard their legitimate rights and interests. Number of environmental litigation cases increasing attention to environmental justice and theorists increasing pollution lawsuit. The author introduces and analyzes the existing environmental tort litigation theory, comparative law perspective, compared to foreign tort action on environmental burden sharing relevant regulations and theoretical research status, find our flaws and vulnerabilities. Under this premise, only to environmental pollution lawsuits in sharing the burden of proof and the standard of liability for damages from a theoretical point of identification for analysis, then, is clearly the paper, the lack of practical and guidance, unable to meet the needs of judicial practice. In this paper, case study analysis methods to "Liu Desheng sued Jishou City Agricultural Bureau Environmental Pollution Compensation Case, " a typical case as a starting point, based on the standard of proof of causation, specifically discussed environmental tort distribute the burden of proof, combined with a wide range of environmental jurisprudence collation and research, summarize environmental pollution cases around the court in proof of shared responsibility and damages recognized standards, combined with economic analysis, analysis of the value of social analysis, the significance of the burden-sharing, social impacts and compensation It made a more detailed calculation of deduction, in order to predict the future direction of environmental tort liability-sharing and compensation. I believe that in the allocation of the burden of proof, except applicable, to avoid the current enlarged inverted the burden of proof applicable in case it is necessary, in the allotted should be more clear on, weigh the interests of both sides, in the calculation of compensation requires more inclined to the victim, to include direct damage and indirect damage, tort litigation system in order to improve the environment and protect the legitimate rights and interests, to deter hostile environment infringer.