The Research On The Problem Of Causality In Environmental Tort

With the development of economic, environmental pollution caused by industrialization aggravated. Environment tort caused by environmental pollution has become a serious problem in the way of China's social development In the environmental tort litigation, it is necessary for the victims to receive the relief timely. And the Judge of causality is the key for the problems of Damages. However, the environmental torts features uncertainty, inequality, latency, universality and complexity and so on make it hard to prove the causation in environmental torts on the strength of the traditional tort theories. So, some countries start to breakthrough the traditional tort theories to prove the causality in the case of environment tort. In order to adjust the new situation and new development, the "causation presumption" has been created to strengthen the protection of victim's intensity.The article has inspired the main theories and features of the environmental pollution and the causality in environment tort in the first part, and in the second part, has analyzed the traditional tort theories on the civil law, and has defined the theory of causality in environment tort law ,and has done a comparative analysis with the traditional theories of causality. In the third part, an in-depth analysis of the indifference between the civil law and the common law has been done by combining the features of the civil law and the common law. These differences in different countries with the environmental tort causation have been analyzed to determine the standard re-sort. In the last part, combined with the first part of the environment in different countries for the causal theory of tort analysis, based on China's national conditions, the article defined the basic Principles of the theory of causality in environment tort and the Basic approach of the Criterion for different kinds of cases.