The Distribution of Burden of Proof in Environmental Civil Public Interest Litigation

Environmental problems, in the current society, have attracted the attention and attention of the society and the public. Relevant laws are applied under the research of legislators and the reference of foreign legal experience. With the development of environmental civil public interest litigation, a series of problems have gradually emerged with judicial practice, and the allocation of the burden of proof is somewhat unreasonable. Through to our country and outside the environment of civil public interest litigation laws and regulations, understand the environment of the characteristics of the burden of proof and analysis its can perfect, points out that should distinguish the application of public welfare and private benefit, refining the causal relationship responsibility distribution, improve the system of proof obstruction, environmental damage appraisal system and environmental information disclosure system and other related measures.

Authors

Publication Details

Journal
Scientific journal of humanities and social sciences.
Published
2024-10-13
DOI
https://doi.org/10.54691/76pfm750
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
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article

The Distribution of Burden of Proof in Environmental Civil Public Interest Litigation

Xinyu Wang
Scientific journal of humanities and social sciences.
Environmental law and policy
article

The Distribution of Burden of Proof in Environmental Civil Public Interest Litigation

Xinyu Wang
article en

Abstract

Environmental problems, in the current society, have attracted the attention and attention of the society and the public. Relevant laws are applied under the research of legislators and the reference of foreign legal experience. With the development of environmental civil public interest litigation, a series of problems have gradually emerged with judicial practice, and the allocation of the burden of proof is somewhat unreasonable. Through to our country and outside the environment of civil public interest litigation laws and regulations, understand the environment of the characteristics of the burden of proof and analysis its can perfect, points out that should distinguish the application of public welfare and private benefit, refining the causal relationship responsibility distribution, improve the system of proof obstruction, environmental damage appraisal system and environmental information disclosure system and other related measures.

Scientific journal of humanities and social sciences.Vol. 6(10)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Environmental law and policy
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The Distribution of Burden of Proof in Environmental Civil Public Interest Litigation — Xinyu Wang · Scientific journal of humanities and social sciences. (2024) | TGRS Research Map | TGRS