Study On The System Of Determination Of Damages Of Environmental Pollution Tort

The determination of damages of environmental pollution tort is the process in which the damage is transformed into the form of currency.In this process,the parties prove their damages,then the court affirms it and determines the specific amount of it. Yet the determination has some characteristics which make the determination difficult.The complexity of environmental pollution tort is explained with multi-causes,latency and transiency,then is the illustration of its dependence on environmental science through expounding quantitative feature of the determination and speciality of the expertise.These characteristics can testify that environmental pollution tort is different from traditional tort.About obtaining evidence,on the one hand,injurers can’t obtain evidence on their own duly and efficiently,on the other hand,injurers,the other parties and the court entrust professional institution to carry out environmental judicial expertise,but it doesn’t play an active role.With regard to affirming evidence,one problem is that the affirmation made by court is not specialized adequately,while another is that the proof standard is too strict. The analysis about the difficult of obtaining and affirming evidence can testify that current laws are not qualified to solve the problems about the determination.And they need breakthroughs.Proposals are raised,that aid fund should be established to help injurers who have overburdened;environmental judicial expertise needs to be improved so that environmental science can play a vigorous role in environmental justice;And court ought to be more specialized in affirmation; the dominant probability principle should be,in addition,set in current laws,in order to lower the proof standard of damages of environmental pollution tort.These proposals are expected to be helpful to the determination of damages of environmental pollution tort.