Burden of Proof and Allocation Rules in Environmental Public Interest Tort Litigation
The Civil Code provides a legal basis for environmental civil public interest litigation and ecological environmental damage compensation litigation in China with the aim of protecting environmental public interests.However,there is still room for interpretation regarding whether the reverse burden of proof rule in Article 1230 of the Civil Code applies to such public interest litigation.The article does not distinguish between private litigation and public interest litigation,and the Supreme People's Court of P.R.C has taken a similar stance on the alloca-tion of burden of proof in different types of environmental tort litigation,requiring only the plaintiff to provide pre-liminary evidence.Applying the same set of rules to different types of litigation is beneficial for the internal the le-gal system,ensuring a balance between the parties and ultimately promoting the institutional goal of ecological envi-ronmental protection.
environmental public interesttort litigationallocation of burden of proofreverse burden of proofCivil Code
万方数据
维普
