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当前,国内各地环境问题频发,却鲜有环境污染受害者通过法律途径获得赔偿。原因大多是由于环境污染侵权责任举证困难,而环境污染案中通行的“举证责任倒置”又往往被法院忽视或置之不理,导致受害者维权困难。9月30日,最高人民法院官网公布了《最高人民法院关于审理环境民事公益诉讼案件适用法律若干问题的解释(征求意见稿)》(以下简称:《征求意见稿》),向社会征求意见。《征求意见稿》第十二条提出,在环境民事公益诉讼中,原告应当就存在污染环境、破坏生态行为和损害承担
At present, environmental issues are frequent throughout the country, but few victims of environmental pollution are compensated through legal means. The reasons are mostly due to the difficulty of proofing the tort liability of environmental pollution. However, the “reversal of the burden of proof” prevailing in environmental pollution cases is often overlooked or ignored by the courts, resulting in difficulties for the victims to safeguard their rights. On September 30, the official website of the Supreme People’s Court released the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Environmental Public-interest Litigation Cases (Draft for Comment) (hereinafter referred to as the “Draft for Commenting Opinions”) to solicit opinions from the community. Article XII of the “Draft for Soliciting Opinions” states that in the environmental civil public interest litigation, the plaintiff should assume responsibility for the pollution of the environment, damage to ecological behavior and damage