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Research On The Identification Of Causal Relationship In Ecological Damage Infringemen

Posted on:2022-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:X SongFull Text:PDF
GTID:2531307049969369Subject:Environmental law
Abstract/Summary:PDF Full Text Request
Compared with other elements of tort liability for ecological damage,the identification of causality is important and complex,and its existence often directly determines whether the tort liability is finally established,which is of great significance to its research.The identification of causality is closely related to the distribution of burden of proof,the standard of proof and the method of proof.The distribution of burden of proof is the basis and premise,the method of proof is the means,and the purpose is the judge’s inner standard.As far as the distribution rules of burden of proof are concerned,there are some ambiguities in the existing laws and judicial interpretations,and there are differences in the application of the distribution rules of burden of proof in practice.At the same time,the judicial interpretation of the burden of proof of causality of the infringed is only through the simple principle of "relevance",without specific and more detailed provisions on the standard of proof and the method of proof.In practice,the judge does not have a unified and clear legal basis in dealing with such infringement cases,which leads to the disunity of the application of the standard of proof and the method of proof.In order to make the existing rules of causality more perfect,we need to start from the distribution rules of burden of proof,the standard of proof and the method of proof.Specifically,it is necessary to establish the principle of presumption of causation in combination with the current judicial situation in China,clarify the standard of proof of relevance by referring to the experience of establishing multi-level standards of proof abroad,divide different types of infringement according to the facts of different cases,and use different types of means of proof to judge whether the causation is tenable.
Keywords/Search Tags:causality identification, burden of proof, standard of proof, relevance, method of proof
PDF Full Text Request
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