Research On The Theory Of Causality In Environmental Tort Law

As economies develop and modern industries expand, environmental torts caused by environmental pollution has come to be a serious problem in China. However, as the environmental torts feature inequality,uncertainty, latency, complexity and universality, it is hard to prove the causation in environmental torts on the strength of the traditional tort theories and thus constitutes great difficulties for judiciary practice and it is obviously unfavorable for the protection of lawful interests of the victims. S it is necessary to find, through innovation, appropriate theories of causation so as to be properly applied in judiciary practice.An in-depth analysis of the causation theories with regard to environmental torts has to be done for the protection of interests of the victims. This article analyse environment tort causality concept, differentiate civil tort causality relation at first. Then combe the traditional civil law from historical and the comparison quoin about the causality theory and evaluates the developed country to be supposed to the environment right infringement challenge causality theory, through to this theory combing, the author has made a new understanding to the causality. However,relevant laws in China only provide for the principle of transfer of burden of proof and fail to expressly provide for the theory of causation presumption. Therefore, many misunderstandings and misapplications exist in judiciary practice with regard to the means to apply such theories and it is hard to meet the needs of the complicated environmental torts cases.In conclusion, this article offers suggestions for consideration on the basis of an insight into the existing legal framework of legislation and judiciary practice and into the defects thereof, final The author proposed own constructed the construction to the environment right tort causality from the fact causal relation judgement and the law causality judgement two aspects, establishe the environment right causality relation judgement theory system and the standard. The author hoped this article can have a benefit to our country causality research in environment tort.