The Causality Presumption Of Environmental Tort

With economic development, environmental infringement cases happened frequently, but has infringed difficulties in obtaining civil remedies. This article is based on the particularity of environmental tort and limitations of the traditional theory of causation to propose the presumption of causation theory. On the basis of presumption of causation abroad,the author integrate our current legislation and judicial practice, to put forward the system of causality presumption.The first part describes the particularity of environment tort to demonstrate the necessity of the presumption of causation. The first section defines the concept of environmental tort, and on this basis, analyzes its particularity. Secondly, it discusses the concept of the presumption of causality and logic architecture. The traditional theory of causation can not solve specific problems identified by environmental tort, so introducting the presumption of a causal relationship to the environmental tort is very necessary.The second part describes the current system status of presumption of causation. On legislative situation, the Chinese law on environmental tort causation made some provisions, but provides more vague, controversial. Based on this, the judicial practice in similar cases apply different trial standards. Overall, due to the lack of presumption of causality, theory and practical aspects of environmental tort legislation have yet to be perfected.The third part discusses main foreign methods of estimating causal relationship..Mainstream methods of estimating are following: probabilistic causal theory, immunological theory of causality and according to the rule of thumb presumed causal theory. On the basis of content of the various theories,this article discusses the limitations and the scope of each major theory.The fourth part constructs the thesis of causality presumption system. First, in terms of legislation, the law should specify causality presumption system. Secondly, in terms of the theoretical construct,the author establishes a causal relationship between vertical and a horizontal system identification and establishes a causal relationship between a variety of standard methods of estimating system. After the completion of construction of the theory and legislation, to support the presumption of causality to apply to judicial practice, the author determines the relevant proceedings system. Finally, in order to provide a presumption of causation system and data protection,we should establish appropriate support systems and institutions.