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Research On The Inversion Of Responsibility Of Environmental Tort Causation

Posted on:2015-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2176330431969602Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Proof on the causation of environmental infringement cases, most scholars believe that both of the supreme people’s court on the several provisions of the civil lawsuit evidence "or" tort liability law of the People’s Republic of China, provisions of the causal relationship between the burden of proof inversion principle, namely the causal relationship between the burden of proof shall be borne by the offender from beginning to end; More scholars writing demonstrates the existing environmental tort prove the rationality of the responsibility inversion. However, some scholars believe that the supreme people’s court provisions about civil action evidence, essentially only the similar to Japan’s "indirect reduction to absurdity" causality presumption of law. And scholars believe that, in general will causal relationship as a whole and is the burden of proof for the distribution inversion is easy to cause confusion. In view of the theory of environmental infringement cases failed to reach a unified view of causality, the author tries to prove causal relationship theory to analyze the environment infringement responsibility inversion, and then discussed in the perspective of environment infringement trial instance causality of environment infringement in judicial practice. This article main content is divided into five parts:The first part, with a typical, and controversial cases leads to the topic of this article, proposed this article needs to solve practical problems.The second part, mainly introduced the concept and characteristics of environmental tort, environment tort of the concept and characteristics of causality, and the traditional distribution of burden of proof and the burden of proof on the necessity of the inversion.The third part, of our country environment tort responsibility to prove causal relationship inversion of legislative, judicial status and the problems and practice in the practice, raises the concept of causality presumption.The fourth part, mainly is the causal relationship between the burden of proof in tort outside research, this paper introduces the methods of foreign environmental tort causality presumption, makes the corresponding evaluation to its, also talked about the enlightenment to our country.The fifth part, talked about on the premise of the burden of proof inversion of new thinking of environment infringement causality, and then claims that the organic combination of the two, and designed the concrete system.
Keywords/Search Tags:Environmental tort, Causality presumption, The burden of proof upsidedown
PDF Full Text Request
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