Research On The Theory Of Causality In Environmental Tort Law

Causation is one of the elements which constitute the system of civil tortliability, and its function is to present a de fact causal chain for investigating tortliabilities. In civil environmental tort litigations, identifying causations plays a keyrole in punishing offenders and relieving victims both. Causation in environmentaltort civil liability is special tort causal relationship. Based on environmental tort hasboth status inequality, a process of indirect infringement, etc, make the cognizance ofcausality in the environment infringement case is especially difficult. Therefore, in theenvironmental legislation in our country causality onus probandi inversion code, inorder to ease the burden of proof. However, due to legislative provisions are not clearand understand the judge is difference, lead to causation cognizance of chaos in thejudicial practice. So, there are still insufficient in our country law. To solve theseproblems, the author thinks that can draw lessons from abroad have put forward thetheory of causation presumption. First, apply causality presumption in our countrymust follow the "dichotomy" model on the basis of cause and effect relation, clearpresumption of causation in environmental tort civil liability mainly in factpresumption of causality. Secondly, establish causality presumption principle in thelegislation. Finally, The rules of onus probandi inversion combined with causalitypresumption. At the same time, making sure that the causality presumption methodcan have a good maneuverability, we should put special attention to the problem oflocalization theory and the establishment of form a complete set of mechanism.