Theory And Practice Of Environmental Causation

Although environmental tort is not a new topic, but the issue of jurisprudence of the current situation of which Can penetrate concrete legislative and judicial practice on the role of providing guidance is still very lacking in theoretical research. Especially with the advance of China's modernization process, damage caused by environmental pollution and an increasing number of environmental infringement cases, the special needs of countries to come up with solutions to environmental law violations researcher's specific ways and means of dispute. As the special nature of environmental tort, these results in identification of environmental difficulties of Causation, the use of probability, immunology, and rule of thumb presumed causal relationship between theory, which is conducive to the protection of victims and realize the value of law and justice. However, these theories remain narrow the scope of application, require a higher quality of judges and the need for case support and other issues.China should be determined to justice, order and efficiency as the main value of the target, causal relationship based on a rather, to the principle of presumption of causal relationship, follow the standard of proof lower probability, build "a horizontal one vertical" type of criteria and methods include a variety of environments, including rules of tort causation identified system.