2015•Unpublished venueRequires access
On the Distribution of Burden of Proof on Causation in Environmental Torts of China
Tong Guang-f
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Abstract
There are different views on causation in environmental torts of China.According to article 66 of Tort Law,it should be inversion of burden of proof or causation presumption.To advocate the former,the burden of proof should be shifted from victims to polluters completely through the literal meaning of the article;whereas the advocate of causation presumption thinks the victims should take the burden of evidence of basic facts by considering the legal policy.To distribute the burden of proof on causation in environmental torts scientifically,we need consider the value and goal of Tort Law and balance the different benefits of victims and polluters.