On The Principle Of Causation Presumption Within Public Hazards

Increasing offence of public hazards is menacing our country tremendously, and shakes seriously Chinese foundations for sustainable development. The reason of public hazards is complicated abnormally and the result of public hazards is very severe but can't be found immediately. Besides, the knowledge is often monopolized by injuring party. In this case ,if we stick to traditional theories of causality in criminal law, not only litigation will drop into much scientific debate unnecessary, but also the plaintiff could not prove the existence of causality, so the rights and interests of victims will be unable to obtain timely and the legal concept of fairness and justice will be also damaged. Therefore, the principle of presumption should be introduced to the proof of the causality in public hazards.This thesis is divided into four sections. The first character briefly introduces the public hazards. It makes a definition of the concept of public hazards .Then on these bases it makes an analysis of the characteristics of causality in public hazards.Chapter two discusses traditional theories of causality. Then it analyses the predicament of traditional theories of causality through concrete cases when they are applied in Public hazards and Put forward the Presumption of causality in public hazards.Chapter three does an analysis of the principle of causation presumption within public hazards and introduces the presumption of causality in public hazards and its rationality of being applied in public hazards.Chapter four sets out specific rules and necessary restrictions of the presumption of causality in public hazards. Finally it puts forward pattern and suggestion of legislation.