Journal of Jishou University(Social Sciences) ›› 2011, Vol. 32 ›› Issue (2): 111-115.

• Law • Previous Articles     Next Articles

Inversion of the Burden of Proof in the Environmental Tort Litigation

  

  1. (College of Law,Jishou University,Jishou,Hunan 416000,China)
  • Online:2011-03-15 Published:2012-03-11

Abstract: Environmental tort is a special kind of tort,with the specificity distinct from general violations.The rational allocation of the burden of proof in civil tort action can balance the rights of both parties,and obviously the general allocation principle of burden of proof cannot deal with the particularity of environmental tort.The principle of inversion of the burden of proof in environmental tort litigation can also balance the status of the parties,reduce the difficulty of proof collection,and improve the positive effect of evidence,etc.However,the inversion of the burden of proof on the environmental tort litigation in the legislative and judicial practices in China needs to be further improved.

Key words: environmental tort;burden of proof, inversion of the burden of proof

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