Abstract:
The era of big data has brought about unprecedented opportunities and new problems for the evidence system of environmental tort litigation. In environmental tort litigation, there is discord between technical identification and court trial:the academic circle focuses its attention mainly on the design of rules, while the significant role of big data in solving the difficulties in environmental tort, such as the difficulty to obtain evidence and the difficulty to judge evidence, has not been paid much attention, and there is little related research. Big data is not only a basis, but also a legal methodology. Integrating big data into the optimization process of the evidence system of environmental tort litigation is a major topic for the theoretical world of environment law and judicial practice. It is also imperative to implementing the national big data strategy. In this regard, on the one hand, system designer should break through law and carry out a prospective exploration that combines arts and science, builds up the big data analysis platform of the legislation on environmental tort evidence, the around-the-clock weather monitoring system of environmental tort evidence, the big data evidence analysis system of environmental tort remedy, and many other legal big data platforms. On the other hand, it is necessary to return to law, build the right map of the big data in the evidence system of environmental tort litigation, innovate legal methodology, and build a new technology paradigm that combines prejudge and timely evidence obtaining.