In environmental pollution liability disputes, the distribution of the burden of proof between the plaintiff and the defendant is the key to the trial of the case. According to the relevant laws and regulations, both the plaintiff and the defendant need to bear a certain burden of proof. So how is the burden of proof shared between the plaintiff and the defendant in law?
The plaintiff shall adduce evidence to prove the following two facts: first, the defendant has committed acts of polluting the environment or destroying the ecology; Second, the plaintiff's personal or property has been damaged or is in danger of being damaged. If the plaintiff requests the defendant to pay compensation for the pollution or other damages provided for by law, the plaintiff will have to bear the burden of proof to prove the exact amount of the claimed damages.
On the other hand, if the plaintiff's claim is to require the defendant to bear responsibility for environmental pollution, then the plaintiff must also provide evidence to prove the connection between the defendant's conduct and the damage. The burden of proof is on the defendant to prove that there is no causal link between his conduct and the damage. If the defendant claims not to be liable or mitigated liability, then the defendant must also provide evidence to prove that the exemption or mitigation of liability is met under the law.
It can be seen that the allocation of the burden of proof is directly related to the issue of the original defendant and the defendant actively preparing evidence and the direction of the litigation. For any party to an environmental pollution liability dispute, ensuring that sufficient and accurate evidence is provided is the key to winning the case. Therefore, in such cases, both parties should attach great importance to the burden of proof and actively collect and preserve evidence related to the case to protect their own rights and interests.
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