On The Causality Presumption Of Environment Tort

Causality Presumption is an abstract but important issue in Environmental Tort Law. Although there is no express statutory provision in Chinese Law, some cases have already judged by this principle in judicial practice. The necessity of research is the logical starting point of this thesis. It contains comparative analysing of present theories, reviewing of legislation and judical practice, and fundamental constructing the system of causality presumption in Environmental Tort in Chinese Law.The foreword mainly explains the background, significance, proving way and research method of thesis.The first part of the thesis mainly argues the necessity of the research of causality presumption in Environmental Tort. First of all, this article defines some foundational concepts as a research premise, such as Environmental Tort, the Causality of Environmental Tort and the Causality Presumption of Environmental Tort. Secondly, the thesis introduces the importance of causality, the value of environment and the specificity of environmental tort. However, because of the limitation itself, traditional causality theory meets with applicable dilemma in this field. So, in the confirmation of causality of environmental tort, it is necessary to breakthrough the traditional theory and creat new theory of causality presumption.The second part of the thesis mainly compares and analyses the present doctrines. In the light of the applicable dilemma of traditional theory, lots of countries and regions creat a series of doctrines of causality presumption, such as Probability, causality of epidemiology, indirect proof and so on. Although the background, reasoning path and applicable types of these theories are different, as the specific means of causality presumption, they all devote to apply a relatively objective judgement standard to achieve individual justice.The third part of the thesis mainly investigates the present legislation, jurisdiction and theoretical research. Civil law scholars have already preliminary described the causality presumption, and some cases in the judgical practice have creatively applied this principle. However, there is no express regulation of causality presumption in the present legislation, and in the jurisdiction, there are some improper use of theories. In general, China has made some achievements in this field, and has some disadvantages as well.The forth part of the thesis contributes to set up the system of causality presumption of environmental tort in China. Besides referring to the precedents of other countries, the history and status quo of China should be considered in the process of building this system. Specifically, the first step is that our legislators should admit the principle of causality presumption in tort law of China. Then, the theory of causality presumption can be summarized as: (1) The evidences provided by the plaintiff are the probability; (2) The presumption of causality; (3) The adverse evidences provided by the defendant. At the same time, the cases published by the supreme court of the PRC will consult the performance of this system in the procedure.The conclusion indicates that the causality presumption of environmental tort, in essence, is a technical method with value judgement of law. The purpose of this thesis is to build relatively objective criteria by typologically analysing of illustrative cases, and finally achieve justice of individual judgement.