Causation Presumption In Environmental Tort

Environmental infringement litigation is accompanied by the development of modern society an extremely special Infringement remedies, since it belongs to the tort relief, that The infringement theory it there resolving power. For environmental infringement litigation, The proof of the importance of the causal relationship is self-evident. However, due to environmental infringement litigation often have extensive-violations of objects, the parties to the dominant position of unequal, The high-tech nature of infringement, and the reasons for the legitimacy, Particularity of latent etc, but also makes the lack of applicability of traditional tort causation theory. Therefore, the Development of traditional tort causation theory became a necessity to respond to the needs of the environment infringement relief. At this time, more and more countries and regions to realize that causality presumed to achieve the environmental infringement causality identified optimal mode.At present, environmental protection legal system of China continues to focus on the control of and led public authority, it stressed to strengthen the protection of the environment by means of administrative and criminal penalties. It don’t pay due attention to the means of protection of private interest. Although environmental infringement litigation introduced Reversed the burden of proof rules to ease the burden on the plaintiffs burden of proof, due to the current legislation does not make provision for the identification of the causal relationship, it make around the court to face similar case applies to a different determination of causation standards codefendant different sentence. Some take a causal relationship said to identified, some individually applicable burden of proof inverted, some use the causation presumption. This is not only contrary to the purpose of protecting the legitimate rights and interests of the victim, also seriously damage the unity and authority of the judiciary.The lack of provisions of the legislation on the identification of the causal relationship in environmental infringement, it has been seriously can not meet the justice needs of the endless stream of new environmental infringement cases. Learn to the causality estimating doctrine method for of foreign environmental tort. First of all, To guide specific cases the trial, this article define the main value pursuit and standard of proof of environmental infringement causality presumption in the legal. Then from the point of legislators proposes specify set causation presumption method the form of legal provisions in the field of environmental tort. I advocate that when we design of the legal provisions, consideration should be noted to link to the reverse burden of proof. And to better relief victims that follow the aspect to the dichotomy of an evaluation system to fill the field of China’s environmental infringement law presumption of causation blank. Finally, further elaborated the judicial application of the presumption of causal relations, the main contents include the environmental infringement cases applies constructive conditions "five essential conditions"; the presumption applicable steps can be grouped into three steps; the factual causation presumption transition legal presumption; the applicable methods adhere to a wide range of causation presumption doctrine of causality can better play a the environmental infringement causality presumption of judicial effectiveness, effective solution to our environmental infringement litigation causal relationship identification of judicial chaos, Safeguard judicial justice, protect the legitimate rights and interests of the victim.