The Allocation Dilemma and Logical Restructuring of the Burden of Proof for Causation in Environmental Civil Public Interest Litigation

Abstract

Under the current legal framework, the effectiveness of the Environmental Civil Public Interest Litigation system is severely constrained by the unclear allocation of the burden of proof for causation. Empirical data show that between 2018 and 2023, environmental protection agencies in China lost 31.7% of Environmental Civil Public Interest Litigation cases, with the losing rate of local agencies reaching as high as 88%. This highlights the conflict between the existing allocation of the burden of proof in Environmental Civil Public Interest Litigation and practical needs. Taking the deliberation of the Draft Code of the Ecological Environment of the People's Republic of China as a critical juncture, this paper seeks to reconstruct the logic of burden allocation by proposing a three-step framework: the plaintiff bears the burden of proving relevance (causal link), the defendant bears the burden of proving objective facts, and the judge applies presumptions, supplemented by corresponding supporting mechanisms. This framework aims to effectively safeguard ecological and environmental public interests while enhancing judicial efficiency.