The Definition of Preliminary Proof and the Setting of Proof Standards in Environmental Civil Public Interest Litigation
In 2020,the Supreme People's Court put forward"preliminary proof"for the first time in the"Interpretation of several issues on the Application of Law to hearing environmental civil public interest litigation cases".The definition of"preliminary proof"and the relationship between the"causation"and"relevance"are important issues in the responsibility of the parties.Taking the"Norm Theory"of burden of proof as the logical starting point,it is deduced that both parties in litigation should respectively bear the burden of proof of the existence and non-existence of causation.By analyzing environmental tort and environmental public interest litigation in parallel,"preliminary proof"can be interpreted as the proof standard of"causal relationship between behavior and damage result"in environmental civil public interest litigation,and the degree of proof should be slightly higher than but not break through the"relevance"standard.
preliminary proofrelevancecausationenvironmental civil public interest litigation
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