Research On Distribution Rules Of Environmental Tort Causality Burden Of Proof

With the increasingly prominent environmental problems,the number of environmental infringement litigation cases began to increase,the causal relationship in the case has always been a difficult problem to judge,the relevant research is not very enumerated,but there is no general recognition,still need to continue to study the academia.The proof of causality has always been in the dilemma that there is no consensus in environmental tort litigation.Look from the objective factors,the related law and judicial interpretation about causality,our country environment tort legislation and judicial interpretation is more ambiguous,lead to the judge for the cognizance of causality in the judicial practice under the influence of subjective factors,the formation of the different explanation,caused when determining whether a causal relationship between environmental infringement standard fuzzy phenomenon.For such a cognitive situation,it is not conducive to the study of environmental pollution responsibility ratio distribution,but also cause judicial chaos.In view of this,it is necessary to carry out relevant research to explore the distribution rules of the burden of proof in the causal relationship of environmental tort.In addition to the introduction and conclusion,this paper is divided into four parts:The first part mainly introduces the relevant concepts of the burden of proof,and returns to the case of environmental tort,analyzes the characteristics of causality,sorts out the types of environmental tort based on the cognitive difficulty of causality,and briefly analyzes the particularity in the distribution of the burden of proof of environmental tort and the corresponding characteristics of causality.The second part starts with the relevant laws and regulations on the distribution of the burden of proof of causal relationship in the field of environmental tort litigation in China,presents the current laws and regulations on the distribution of the burden of proof and the status quo of relevant judicial trials,and makes necessary qualitative and analysis on the rule framework constructed in the current laws and regulations and judicial interpretation in China.It also analyzes the reasons for the contradiction between legislation and judicature,and finds the crux of the current dilemma in the rules of distribution of burden of proof for environmental tort causality,and provides ideas for breaking the current deadlock in the following paragraphs.The third part,starting from the theory and rule classification,analyzes in detail the types and basic connotation of the allocation rules of environmental tort causality burden of proof,compares and analyzes the results of various causality allocation rules participating in environmental tort litigation,and lays a theoretical foundation for the following discussion on the allocation rules of environmental tort burden of proof.The fourth part focuses on the construction of China's environmental tort litigation in the burden of proof distribution rules framework.Based on the above analysis and thinking,from the perspective of typology,on the basis of the typology of causality of environmental infringement,through the study of different types of cases,it provides a reference frame for the distribution of burden of proof in China's relevant judicial practice.