| 英文摘要 |
The RCA Case is the first environmental litigation by means of class-action in legal history of Taiwan. Owing to the Occurrence of contamination long ago and the limitation of research for typical diseases of the related Toxics in this case, the causation between the related toxics and diseases in this case is difficult to clarify. It became one of the main issues therefore, if the plaintiff shall carry the burden of proof for the causation just as the common case, or the defendant more capable of providing those related information shall carry the burden of proof. Although the court referred the Proviso in Art 277 of Code of Civil Procedure, which is deemed as legal basis of Reverse Burden of Proof, whether the court applied it indeed in this case, this article remains skeptical. |
