On The Environmental Civil Litigation Proof Of Causation

In this paper, the proof of causation in the civil litigation about environment are studied and explained systematically and completely, which includes the theory of the civil litigation about environment, the theory of the original causation proof in the civil litigation, some representative theories and their evolution about the proof of causation in the foreign countries, and some suggestions about completing the proof of causation in the civil litigation about environment in China on the above base. There are about thirty-two thousand characters in the paper, which is arranged as five sections.Preface: explain the significance of this topic selecting and the study area.It is mainly focused on concept, features and the development of the civil litigation about environment in the section one. The civil litigation about environment results from sharp contradiction of human and nature and legal relief from the opposition between economy development and environment protection.In Section Two, I analysis the theories of causation, including the concept, features and some original proof theories of causation in the civil litigation. I think the original proof of causation in the civil litigation about environment must be improved.In Section Three, several kinds of representative theories and their evolution about the proof of causation in the civil litigation about environment will be introduced deeply by means of comparision and examples, directing at the features of the civil litigation about environment, holding the causes of environment damage such as its compound, complex and accumulation. Causality deduction is the inevitable tendency in case that original causality can not fit for suit practice.On the base of former three sections, a number of improvement will be provided for the proof of the causation of the civil litigation about environment in China The singal causality can not satisfy the practice of laws application because of complication and multi-kinds of environment civil litigation. Use justice of laws as the highest value, decrease the requirements to causality proof, adopt multi-dimension causality deduction, choose corresponding methods of causation calculation. At the same time, several relative systems must be improved.