关键词： 举证责任倒置, 无过错责任, 生态环境损害, 环境侵权, 环境修复责任

Abstract: In Chapter 7,"Liability for Environmental Pollution and Ecological Destruction" of the Civil Code (draft),two different types of tort liability are stipulated.The object of "causing damage to others" is the traditional personal or property (private) rights and interests regulated by the Tort Liability Law,while the object of "causing eco-environmental damage" is the ecological environment (public) rights and interests that have not been currently regulated.Therefore,the broad concept of environmental tort can be divided into ordinary environmental tort infringing on private rights and interests and ecological environmental tort infringing on public rights and interests.Whether it is ordinary environmental tort or ecological environmental tort,the behavior involves polluting the environment or destroying the ecology,so the same rules in form should be applied in the factors considered in the sharing of responsibility and punitive damages.Because the ordinary environmental tort and the ecological environmental tort are different in the nature of the rights and interests of the infringement and the ability of proof of the original defendant,there should be differences in the application of the principle of imputation,the burden of proof and the responsibility of the third party.In order to reasonably show the dual coupling structure of environmental pollution and ecological damage liability,there is room for adjustment in the order and text details of the seven provisions in Chapter 7 of the Tort Liability of Civil Code (draft).

Key words: inversion of burden of proof, liability without fault, eco-environmental damage, environmental tort, environmental restoration liability