环境污染损害赔偿诉讼中的举证责任转移制度

环境污染损害赔偿案作为特定的民事侵权诉讼案,适用举证责任转移制度,它得到了法律的规定和司法实践的支持。文章深入阐述了举证责任转移制度的定义和内涵,以及在世界各国立法推行的情况。同时,根据我国国情,探讨了将举证责任转移制度纳入立法的必要性和可能性,以及当前在我国立法上存在的缺陷。     

Use and attack on expert testimony in toxic substances litigation∗

Expert testimony is available in cases where persons, qualified through skill, knowledge, experience, education or training can be helpful to the trier of the facts in coming to a determination. Historically, courts have given experts wide latitude with respect to their qualifications as well as to the bases of their opinions. Recently, some courts, because of concern about a developing body of “professional experts”, are taking steps to more carefully survey the opinion of experts before permitting their testimony to get to the jury. Both the historical development and some of the recent decisions are discussed.