Presumption Of Causal Relationship Between The Theory And Application Of Research

With the continuous advance of industrialization and industrial development, China's environmental pollution tort events present increasing trend。but the environment tort has a high-tech nature of infringement, latent, cumulative, and many other characteristics,it is often difficult for the victims to prove the exist of causality to obtain compensation through litigation procedure。In order to make up the defect of traditional causality theory, in Japan, European and even developed countries such as Britain and America, all sorts of theories on lower causality standards of proof theory arises at the historic moment and is confirmed in judicial practice, some were adopted by the present legislation,such as causation presumption and the inversion of the burden of proof。Causation presumption has become an important characteristic of environmental tort litigation。However our country's basic theory on causality presumption is relatively weak, it mainly introduces the theories of other countries concerned。Due to the insufficiency of the research on the application for judicial and the poor accumulated experience in judicial practice, the court is more conservative in applicable law in environmental tort cases。It is not enough to protect the victims。Therefore, the research on judicial application of causality presumption is to be strengthened。This article attempts to comb various theories on causality presumption,grasp the basic connotation and we wish to give references for legislative and judicial practice through the analysis of judicial application。This article is divided into three parts:The first part discusses the functional value of causation presumption in environmental tort damages。Causation presumption play an important role between the harmony internal system of tort law and the balance of social fairness and justice through the status of causation presumption in the entire system of tort damages。We try to tease out the regularity through the analysis of trends and characteristics of Causal theory of the development process。This section discusses the connotation of causality presumption on environmental tort and clarify its basic meaning through the comparison with relevant concepts such as fault-presuming and the inversion of the burden of proof。We describe the extreme difficulty causal identified in environmental tort litigation as well as the possibility of reduce causation standard of proof to prove that the implementation of the causation presumption is necessary。The second part mainly introduces the causation presumption theory of environmental tort。This section select several worldwide representative theories such as probability theory,epidemics causality theory,equipment responsibility theory and analyzes its reasonable core and its significance。The third part elaborated causation presumption of environmental tort in judicial application emphatically。Causation presumption in judicial application and the efficiency is one of the critical issues. In this section the application conditions of causation presumption, the process steps and links,standard of proof and its legal effect were discussed。We analyzes the legal and factual barriers in judicial application through a related typical case。...