环境民事公益诉讼中因果关系要件的证明

On the Proof of the Causation Elements in Environmental Civil Public Interest Litigation

从《民法典》等立法的相关规定看,我国并未明确环境民事公益诉讼是否适用因果关系举证责任倒置规则,进而引发理论研究和司法实践的诸多争议。结合其制度定位和特殊性,环境民事公益诉讼案件应遵循证明责任分配的一般规则,由原告对因果关系构成要件承担证明责任。就其因果关系的证明而言,原告可以借助事实推定降低证明难度;被告可以通过反证证明妨碍因果关系的推认。就其因果关系的证明标准而言,应确定多层级证明标准体系以及诉讼当事人双方不同的证明标准,并区分救济性与预防性两种环境民事公益诉讼的证明标准。

From the relevant provisions of the Civil Code and other legislations,China has not clearly defined whether inversion rule of the burden of proof on causation is applicable to environmental civil public interest litigation,which has led to many disputes in theoretical research and judicial practice.Combined with its system orientation and particularity,environmental civil public interest litigation cases should follow the general rules of burden of proof distribution,and the plaintiff should bear the burden of proof for the constitutive elements of causation.As far as the proof of causation is concerned,the plaintiff can reduce the difficulty of proof by virtue of presumption of fact,and the defendant may prove to the contrary that it interferes with the inference of causation.As far as the standard of proof of causation is concerned,we should establish a multi-level standard of proof system and different standards of proof for both parties to the lawsuit,and distinguish between relief and preventive standards of proof for environmental civil public interest litigation.