| In the field of civil evidence law,the contradiction between substance equality and form equality has always existed.And this contradictory is particularly pronounced in lawsuits of environment.Litigants have equal opportunity to take proof of facts,collect evidence and present evidence in law of civil evidence.However,it doesn’t pay attention to whether litigants can collect the evidence they need,can present valuable evidence or can make full arguments and proofs.But this question has been ignored by the legislative,it just simply stipulates inversion of the burden of proof.In theory,it can make more chances to win the case for who are weaker in lawsuits.But in practice,it is not satisfying and exists a lot of problems.The focus of this thesis is that how to apply the existing skill of reduction burden of proof to environmental tort lawsuits appropriately,and realize the substantive equality of two parties when they put to the proof and reduce unclear fact cases.This is a very significant problem in practice.The full thesis of nearly 30000 words,in addition to the introduction,is divided into four parts:Part one,present typical cases.A simple introduction of two cases,one is the dispute of environment tort between Yingpeng Cooperation and Yongda Chemical Industry,another is the dispute of environment tort between Qu Zhongquan and Fuhai Company.Which leads to the trouble of vulnerable part in burden of proof of environmental tort litigation.Part two,is reflection on China’s approach about distributing burden of proof in Environmental Tort Action.It analyzes our country’s legislation shortcomings about the distribution of burden of proof in action of environmental tort.At the same time,this part also analyzes the causes of shortcomings.Part three,macro considerations about reduction the burden of proof in environmental tort litigation.The feasibility and necessity of the burden reduction system in environmental tort litigation are analyzed.Part four,concrete suggestions about reduction the burden of proof in environmental tort litigation.Chose disclosure obligation of case facts,Prima Facie Bewies,fishing expedition,and the safeguard of right to collect evidence four different ways to reduce the burden of proof in environmental tort litigation and reduce unclear fact cases. |
