The Distribution of Burden of Proof in Environmental Civil Public Interest Litigation
Year: 2024
Type: article
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.
DOI: 10.54691/76pfm750
Author: Xinyu Wang
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4403442126