Research On Admissibility Rules Of Scientific Evidence In Environmental Tort Litigation In China

Since the reform and opening up,China's social and economic development,but also led to the deterioration of environmental problems,the number of environmental litigation is increasing.Environmental litigation in China is mainly embodied in the application of scientific evidence for identification system,the appraisal institutions issued by the technical appraisal opinions can help clear fact of case,a judge to judge whether the actor constitutes infringement,tort and whether there is a causal relationship between damage results,to judge the case the referee can more fair and just.However,the introduction of science and technology also threatens the independence of judges' judgment.The appraisal conclusion often gives the impression of objectivity and impartiality,so it is easy for judges to over-rely on the opinions of experts and directly accept them as the trial basis without review.The professionalism of scientific evidence makes it difficult for judges and litigants to review scientific evidence.The lack of relevant guidance for judges to judge the admissibility of scientific evidence in the trial resulted in the judges' inability to interpret the admissibility basis in the judgment documents and to convince the parties,which seriously damaged the judicial credibility.In the practice of environmental justice,there are defects in the cross-examination of scientific evidence,and the conclusion can't be cross-examined substantively,which leads to the appeal of the parties,and the case is delayed.Based on the issue of appeal,this paper takes the rules of scientific evidence admissibility in environmental tort litigation as the core,studies and analyzes the current situation and problems of the review of scientific evidence admissibility in China's tort litigation,and puts forward Suggestions for improvement.This paper starts from the rules and evolution of the admissibility of scientific evidence in environmental litigation in China,and based on the current laws and regulations and legal theories in China,sorts out the current situation of the admissibility of scientific evidence in environmental tort litigation in China.This paper analyzes the admissibility rules of scientific evidence in environmental tort litigation from two aspects of legislative evolution and judicial practice.Secondly,based on the analysis of the existing rules,this paper examines the existing problems and analyzes the causes and effects of the problems from the two aspects of rule defects and institutional constraints.Combined with the investigation and analysis of the judgment documents in judicial practice,the corresponding solutions are found.Finally,by analyzing judicial cases and drawing lessons from foreign experience,the paper puts forward Suggestions for improvement,and improves the existing problems from the three aspects of rule construction,system design and practical innovation.To achieve the effective combination of law and science,to promote judicial justice and fairness.