The Research On Causation Of Environmental Infringement

Continuous deepening of human activity created a rapid economic development. At the same time, environmental pollution phenomenon is more serious and environmental violations are often reported. The so-called environmental tort means pollution or damage to the environment which caused by people’s production, life and other acts, and other people’s personal, property and other legitimate rights are damaged subsequently by the pollution or damage of environment. Compared with the general tort, the particularity of environmental tort is reflected in the inequality, the universality and so on, these special features also make the difficulty of the determination of the environmental tort causation is greatly promoted. As one of the tort liability elements, causation relates to the tort responsibility and protection of legitimate rights. In view of the special tort of environmental tort, Tort Liability Law of PRC, "Water Pollution Prevention Act" and a series of laws and regulations stipulate the inversion of burden on the causality of environmental tort definitely. Judicial interpretation of environmental law of the last two years defines the apply details of the burden of proof inversion principle. But the burden of proof inversion principle is different from the cognizance of causality, China’s environmental tort still exist problems in the judicial practice. There isn’t a unified way to determine the method of causality, using the traditional causal relationship, using backward causality, causality presumption by new creative, as well as a separate, strict applicable burden of proof and other practices are common methods. Various countries accumulated and summarized experience on the basis of research on environmental tort case and then proposed probability theory, epidemiology causality theory and so on. The author affirms that the principle of the burden of proof in our country is more thorough, draws on relevant legislation and doctrine abroad, advocates uphold the position "dichotomy" in the environmental tort causation, on the liability established using the presumption of causation, insisting quite causation theory in the scope of our responsibility. Therefore, China should establish the principle of presumption of causality in legislation, combine the burden of proof inversion principle with the presumption of causation, to ensure the causality of environment infringement problems been solved properly.