A Study On The Legal Problems Of Damage Compensation For Water Pollution Infringement

With the continuous development of social economy, the frequency of water pollution incidents continues to show a growing trend.The compensation for damages from water pollution tort has become a social problem in the field of environmental pollution. Confined to the defects of determination of causality and civil compensation, the results of the compensation for damages from water pollution tort handled by judicial department are not unified, which make a serious damage to the victim’s legitimate rights and interests.This paper puts forward some recommendations in identifying causality and determining civil compensation from the perspective of studying case.Firstly, sort out the focus of controversy including the determination of causality and civil compensation by outlining three typical cases of the compensation for damages from water pollution tort; Secondly, probe the doctrine of causality and demonstrate the lack of inversion of onus probandi by combining the above three cases, and at the same time set forth the scope of civil compensation, hold the view that the principle of compensatory damages can not play a preventive effect in the civil compensation and the way to the civil compensation is single. Finally, demonstrate some suggestions in the civil compensation. Among them, propose three steps to apply the presumption of causality: first of all, the victim assumes the responsibility for proving the basic facts so as to meet the required standards, besides, both sides need assume the order liability on whether the alleged facts undertaken exists or not, thirdly, the infringing party proves the facts to the contrary on that the court presumes the causality is true; absorb useful experience of the developed countries,combine the punitive damages system and the compensatory compensation damages, meanwhile, refine the scope of compensation as well as introduce the social relief in the civil compensation.