Study On Environmental Joint Tort Causation

With the rapid development of economy，industrial belt formed continuously,production companies in the same area, so a lot of pollution is not caused by only oneenterprise but two or more, so environmental common tort issues are increasinglyprominent, so if the pollution liability want to put in place, there must be a relationshipbetween the behavior and damage. Therefore, causality plays a very important role incommon environmental tort. Due to environmental common tort have its owncharacteristics, for example: the uncertainty, long-term, complexity. Regularly, theymake the traditional theory of causation presumption not applicable, which increasedthe difficulty of dealing with such cases, and it is not easy to protect the interests of theinjured party. This needs to find the causality presumption method that suits this kind ofcase. Because of this, the academia and judicial circle in all countries developed avariety of theories on environmental common tort of causal relationships, such as theprobability causal relationship, epidemiology causality theory, indirect reduction toabsurdity, the proportion rules. Although the onus probandi inversion can more toprotect the interests of victims, but as the opposite party also need to protect, it is theembodiment of the fair value of law. We know that in the environmental joint tort, notall of the victims have no proof ability, when the victims and offenders have the proofability, we cannot indiscriminately apply onus probandi inversion to allocate the burden?Although many countries have been specified the causality presumption in the legalprinciple, but in our country, the law only stipulate the probandi inversion. And it is notenough to solve different types of common environmental tort case.Firstly, the author introduces the environmental joint tort and the overview ofenvironmental common tort causality, among them, the author discuss the relationshipbetween how to cognizance the causality environmental joint tort, the commonenvironmental tort causality presumption and the general environment infringement;secondly, the author point out the deficiency of our country; Then, the paper introducesthe relevant theories of environmental common tort causality presumption and itsspecific application; Finally, the author tables many proposal aimed at the problems, byexplicitly stipulate the causality presumption system in law, how to design the law presumption its specific process; In the judicial practice, apply different degrees ofproof standards to the tow parties; According to different types of case using differentcausality presumption method.