Study On Advantage Theory Of Evidence That The Application Of Causation Presumption In Environmental Infringement

In seeking ways to environmental protection, how to use legal means to protect theenvironment and pursue the civil liability of polluters, China has become a major issuejurisprudence research. The current prevailing practice is a causal link between theinfringement and the damage to determine the facts of tort liability of polluters premise.Recognized methods and standards regarding causation, legislation and practice stillhave a lot of deficiencies. This gives relief and protection of the legitimate interests ofthe victims of pollution and hold polluters responsibilities facing great difficulties.The author of this article discusses, from the introduction of environmental tortconcepts of causation, and thus preponderance of the evidence introduced in theenvironment and development, said the use of infringing the presumption of a causalrelationship, based on the study of the experience of some foreign countries, detaileddiscussion of the preponderance of the evidence says we environmental causationpresumption of infringement related to the use of sound. I hope you can hear theenvironment for future infringement cases brought little inspiration and help throughthis article.In addition to the introduction and conclusion, the paper is divided into five partsThe first part introduces the preponderance of the evidence says the origin anddevelopment. We found the existing law on the prevailing environmental tort causationprinciples is inverted the burden of proof, but can not meet the complex requirementsof actual judicial practice; preponderance of the evidence to say its rise to the use anddevelopment in the United States, Japan, environmental tort law.The second part describes the preponderance of the evidence, said comparisonwith other theories: Indirect evidence to the contrary that the presumption of fact thatepidemiological tentatively presumed causal say and say; further describes thesimilarities and differences compared with the preponderance of the evidence, saidamong other doctrines.The third section describes the use of the preponderance of the evidence, said theenvironmental causation presumption of infringement Comment. This section from thepreponderance of the evidence, said the use of environmental causation in tortpresumption values began to analyze the use of the preponderance of the evidence, saidenvironmental tort causation presumption is reasonable and flawed. The fourth section describes the preponderance of the evidence that specific use inenvironmental tort of presumption of causation. Depending on the environment we wanttort type, select the appropriate presumption of causation theory; rule out the possibilityof damage to other facts and circumstances exist between pollution behavior, but notacross the board, regardless of the facts; environmental infringement cases by analyzingthe type proposed to balance the environment infringement harm the interests of theinjured party’s side and so harmonious social development.Part V describes the preponderance of the evidence in the environment using soundrules of tort causation presumption. Advantages in the use of evidence not only to saybeyond a reasonable doubt; just can not ignore the preponderance of evidence saysfinds the minimum facts to be proved; emphasis on the quality of evidence evaluation;expedient when the preponderance of evidence says should be incorporated into theEnvironmental Protection Act to allow our real judicial practice of law.