Study On The Burden Of Proof Of Causality In Environmental Tort

With the continuous progress of the times and science and technology,there is a contradiction between the progress of human civilization and the need of natural environmental protection,various environmental pollution incidents occur frequently,and the number of lawsuits of environmental pollution types is also increasing.Since my country’s environmental infringement is implemented with a fault-free liability system,the identification of its causality has become the prerequisite and basis for the determination of liability.By analyzing the problems of the cause and effect responsibility of environmental infringement litigation and effect on the status quo and judicial practice status aspects,further propose the shortcomings of the system design of the system of cause and effect certification,and then the useful experience of the research on the research on the research of the external environmental infringement causality.References to make more operable suggestions for improving the responsibility of improving environmental infringement and causality.With regard to the applicable conditions of the burden of proof in environmental tort causality,we should first clearly define the meaning of the fact that the truth is unknown.The fact that the truth is unknown is a medium connecting the burden of proof and a cognitive state of the essential facts,and the judgment criteria should be diversified to adapt to different types of essential facts.With regard to the distribution of the burden of proof of causality between environmental tort parties,the traditional fact proposition is replaced by the fact of legal elements,among which the pure fact elements can be used as the basis for the distribution of the burden of proof of causality,which should be distinguished from the normative elements,and at the same time,we should pay attention to the complexity of the legal elements and the fact of the elements in the case needs to be further subdivided.For the purpose of lightening the burden of proof of environmental tort causality and promoting litigation proof activities,the existing standards of proof should be divided into different levels,and the standards of proof of the parties’ causality should be applied differently.The plaintiff’s preliminary burden of proof of relevance should be applied with the standard of superiority probability,and the defendant’s burden of proof of causality should be applied with the standard of high probability,so as to effectively deal with the parties’ difficulties of proof in current judicial practice and further maintain the litigation balance.