Causality Of Epidemiology In Causation Presumption

With the progress of democracy and the development of environment cause, People's consciousness of environmental right and civil rights are strengthening. Environmental tort action which casued by environmental pollution showed a rapidly increasing tendency. Unfortunately, massive environmental tort action is difficult to enters the contentious procedure. Some environmental torts action get a chance to enter the contentious procedure, but the victim can not win the lawsuit for the causality. The victim of environmental tort action can not win the lawsuit because the causality theories are confused and the traditional causality theories have many shortcomings. causality of epidemiology which come from Japan does not ask the plaintiff to adduce evidence strictly. According to the requirements of pathology, the plaintiff just need to prove it accord with the four factors of causality of epidemiology ,then we presume that there are causality between injurious act and damage. Causality of epidemiology can effectively relieve the burden on proof of plaintiff. So it is very necessary to introduce and study causality of epidemiology. The thesis uses empirical analysis method and comparative method altogether. By analysis the application and development of causality of epidemiology in overseas ,and the thesis analyses China's practice ,and have suggestions in the end.In addition to introduction , conclusion, this thesis is divided into four parts, a total of 31,000 words.The first part : The naissance of causality of epidemiology. This part divided into three points. First , it introduced that the traditional causality theories are faced with some serious challenge. Second, it introduced that the causality of epidemiology can solve the problem most effectively. Finally, it introduced the basic content of causality of epidemiology.The second part: The application and development of causality of epidemiology. By other's faults, wise men correct their own. This part mainly analyses the application and development of causality of epidemiology in overseas .We get further understanding of causality of epidemiology by studied the foreign cases . and also get some enlightenment from these cases .The third part: The Evaluation on Causation of Epidemiology. Causality of epidemiology is a kind of causation presumption. It is not perfect . In this part, firstly, the paper analyses the value of causality of epidemiology , Secondly , the paper introductions the rationality of causality of epidemiology , Finally, the paper introductions the shortcomings of causality of epidemiology.The fourth part: Application and Improvement of Causality of Epidemiology in our country. In this part, firstly ,the paper analyses the current legislation of causality of epidemiology in our country . and then the article pointed that causality of epidemiology has not been written in our legal system. Secondly, the paper analyses the problem on application of causality of epidemiology in our country . Finally, the paper offer a good solution for solving the problem...