Research On The Burden Of Proof In Environmental Civil Litigation

The rapid development of economy has not only brought about the improvement of material life,but also caused serious environmental pollution and ecological destruction.Environmental civil lawsuits caused by environmental pollution and ecological damage are more complicated than ordinary civil lawsuits,and the proof of important issues such as damage facts and causality is also more difficult.In environmental civil litigation,how to distribute the burden of proof and how to grasp the leniency and strictness of the standard of proof will largely determine the outcome of the litigation and affect the protection of the legitimate rights and interests of the injured party.Based on this,this paper takes the burden of proof in environmental civil litigation as the topic,and analyses the legislative and judicial status quo and existing problems of the burden of proof in environmental civil litigation in China.On this basis,it seeks to improve the system of burden of proof in environmental civil litigation.The text is divided into five parts.The first part is the introduction.In the introduction part,the author first elaborates the reasons and significance of the topic.The burden of proof is the core of the evidence system.As a special litigation procedure,environmental civil litigation needs the corresponding burden of proof system to guarantee the fairness and justice of environmental civil litigation.Secondly,the current research situation at home and abroad is analyzed.By discussing the representative academic viewpoints of foreign countries,this paper makes an analysis of the current research situation in China,and clarifies the shortcomings in the field of environmental civil litigation in China.Finally,it states the research methods,innovations and shortcomings of the topic.The author combines his own practical experience and research topics,and puts forward some new ideas in order to contribute to the improvement of relevant systems in the field of burden of proof in environmental civil litigation.The second part elaborates the basic theory of burden of proof in environmental civil litigation,defines the concept from the aspects of burden of proof and burden of proof in environmental civil litigation,and lays a foundation for the analysis of the legislative status and judicial practice in the future.To study the relevant theories,we should clarify the dual connotation of burden of proof,one is the subjective burden of proof,the other is the objective burden of proof.Interpretation of relevant concepts,further clarify the particularity of environmental civil litigation,for the following analysis and improvement of the status quo provides a starting point.The third part explores the legislative and judicial status of the burden of proof system inenvironmental civil litigation in China.This part is divided into three parts.The first two parts will help us to understand systematically the legislative characteristics and tendencies of the current environmental civil procedure law by elaborating the relevant laws,regulations and judicial interpretations in our country,so as to summarize the existing problems in legislation and provide direction for further improvement of legislation in order to better serve the judicial practice.From the perspective of burden of proof,through the analysis of current laws and regulations and judicial interpretation,this paper sorts out the proof subject,content,mode and standard of burden of proof in environmental civil lawsuit,and then summarizes the shortcomings,at the same time,paves the way for the later elaboration.The fourth part examines the practice of the burden of proof in China’s environmental civil litigation.Through the analysis of legislation and judicature,it draws the conclusion that the burden of proof in China’s environmental civil litigation is inadequate,including the lack of detail and system in legislation,the need to improve the theoretical literacy of judges,the preference for scientific evidence in causality determination,the different application of the plaintiff’s standard of proof,and the lack of the use of the judge’s right of interpretation And so on,to provide direction for the fifth part of the problem-solving.The fifth part mainly elaborates the perfection of the burden of proof system in environmental civil litigation in China,from four aspects: the principles to be followed in the burden of proof system in environmental civil litigation,the perfection of laws and regulations,the optimization of judges’ discretion and the perfection of supporting system,in order to put forward some humble opinions for the perfection of the burden of proof system and provide some suggestions for legislators and judicial personnel.Reference resources.