Distribution of Burden of Proof in Environmental Tort Lawsuit

The environmental civil tort liability always regards no-fault test as its general doctrine of liability fixation. How to pre-set the corresponding rule of the distribution of burden of proof, and make a valid and reasonable distribution of interests and non-interests between the parties concerned to protect the interest of the victims through the undertaker determining the risk of losing a lawsuit are the key points of protecting the environmental civil right. From the perspective of protecting the plaintiff's interests, a proof standard needs to be set up for victims in the environmental civil suits particularly, which is not the probability standard in civil evidence law but a special standard inferior to the probability standard. Based on the above theory, the reasonable allocation of proof will be conducted around the purpose of reducing the victim's burden of proof.