Research On The Evidence Of Environmental Tort Liability Disputes

With the development of economy and the frequent occurrence of the environmental accidents,the number of environmental cases growth rapidly in recent years.The factors such as long duration,wide range of influence,high requirement of the professional skills and the difficulty of collecting evidence restrict the hearing of the environment tort cases.This paper tries to solve the problem of environment tort litigation based on the study of the relevant evidence problems in environmental tort liability.First of all,we should clarify the concept of environmental tort liabity,as a common sense,environment tort belongs to the tort law,which means tortfeasor should undertake revelant law liability.And environment tort liability protect generalized range environment including both living environment and ecological environment,this institution tries to remedy the damage caused by environment tort.Second,clear that in the territory of China,environment tort,like man-made environment pollution,this kind of tort legislation adhere to the principle of no-fault liability,but the pollution caused by neighbors in adjacent relation excluded.Then,take fully consideration on the characteristics of environment tort cases,focus on and distribute the burden of proof rationally in the different cases and balance the interests of both parties.During three sessions of evidence,cross-examination and certification,both the two parties and judges,who are lack of relevant professional knowledge,need to use appraisers and expert assistants to find the facts.Establish environment damage judicial authentication institution to be more fair and objective by developing and perfect the environment damage legal system,technical and fee standards;establish expert assisant institution to play an important role and give professional advice by clearing their status,qualification and fee standard,rights and obligations.Solving the complex environment tort cases judically and efficiently needs the support of complete law and institution,only in that way,can evidence have a role to play,environment tort be contained,victims’ rights get relief and finally,we can build an environment friendly society more likely.