On the Distribution of Burden of Proof on Causation in Environmental Tort——Also on the interpretation and application of article 66 of the tort law
Wang She-kun
Abstract
Wang She-kun
Abstract
For fulfilling the policy of protecting victims in environmental tort,there are some special ways to distribute the burden of proof on causation,such as inversion of burden of proof and causation presumption.Through the inversion of burden of proof,victims shift the burden on causation to polluters completely.When analyzing the relationship between causation presumption and burden of proof,two factors should be considered: object of proof and legal status of causation presumption.Inversion of burden of proof on causation and causation presumption are different rules,they have not the same legal effect.In China article 66 of the tort law is not presumption-rule,but rules of burden of proof,which reduce the burden of victims more.
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For fulfilling the policy of protecting victims in environmental tort,there are some special ways to distribute the burden of proof on causation,such as inversion of burden of proof and causation presumption.Through the inversion of burden of proof,victims shift the burden on causation to polluters completely.When analyzing the relationship between causation presumption and burden of proof,two factors should be considered: object of proof and legal status of causation presumption.Inversion of burden of proof on causation and causation presumption are different rules,they have not the same legal effect.In China article 66 of the tort law is not presumption-rule,but rules of burden of proof,which reduce the burden of victims more.
Key concepts: Presumption, Burden of proof, Causation, Tort, Law, Law and economics, Political science, Economics