The Application Difficulties and Institutional Improvement of the Burden of Proof for Causal Relationship of Damage in Ecological Environmental Tort Litigation
Year: 2026
Type: article
Abstract: This paper examines the burden of proof system concerning causation in ecological environmental tort litigation under China's newly enacted Ecological and Environmental Code (2026). Article 1080 of the Code, succeeding Article 1230 of the Civil Code, establishes a burden-reversal rule that requires the polluter to prove the absence of causation between its conduct and the alleged damage, provided that the plaintiff has established a preliminary "relevance" between them. While this rule effectively redresses the structural imbalance between the parties through differentiated standards of proof—a low-degree probability for the plaintiff and a high-degree probability for the defendant—its judicial application faces persistent challenges, including ambiguous standards for proving "relevance," inconsistent admissibility of scientific evidence, and insufficient avenues for effective rebuttal by defendants. This paper proposes systematic improvements across substantive law, procedural law, and supporting mechanisms, such as clarifying the scope of "relevance" through judicial interpretation, establishing a hierarchical system of proof standards, strengthening procedural safeguards, and unifying the judicial appraisal system for environmental damages. These refinements aim to enhance the predictability and fairness of adjudication, strengthen polluter accountability, and promote source prevention, thereby advancing the judicial protection of the ecological environment.
Source: Annals of Law 法学年鉴
DOI: 10.63313/law.8030
Author: Luwen Fan
Institution: Anhui University of Finance and Economics
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7208717074