Argumentation for the Justification of Reverse Burden of Proof in Environmental Tort

In order to alleviate the plaintiff's difficulty in proving the causation between the damages and tortious conduct of the defendant,developed countries have established the causation presumption by various doctrines,cases and legislations.According to the current laws on environmental tort in China,plaintiff's proving difficulty has been much more alleviated by the doctrine of reverse burden of proof.In environmental tort lawsuits,the reverse burden of proof in causation is superior to causation presumption in such aspects as facilitation of providing information;protection of the victim;prevention of pollution;substantial justice;balance of interest;level of difficulty in legislation;the judiciary predictability;and cost of system evolvement.Therefore,in the legislation on environmental tort in our country,the reverse burden of proof in cause should be maintained and there is no need to retrieve to the application of causation presumption.