Review on Judicial Practice of Burden of Proof in Environmental Torts Cases——Based on the Analysis of 60 Cases

In light of the rather general regulations by law,judicial practice has gradually developed positive and feasible rules on burden of proof pertinent to tortious conducts,damages and causation in environmental torts cases. In case that the amount of damage is determined by discretion,judges should inform the parties concerned their procedural interests to know and to debate. With regard to claims for pollution- related diseases,different rules should be applied in different situations,such as shifting burden of proof,causation of epidemiology and proportionate determination.