The Research Of Causality Presumption In The Environment Tort

In more serious environmental pollution situation, the citizen’s physical and mental health had suffered a serious blow. The citizen personal rights of protection and relief has become an important topic. On the judicial relief way, litigation has become the ultimate guarantee of the rights. However in the environmental civil tort litigation, the identification of causality has become a bottleneck to overcome.Environmental tort and its causality exists particularity different from general tort, such as unequal status of each parties, indirect infringement acts and its complexity, the lag of infringement acts’ consequences occur etc. And these all have greatly increased the difficulty coefficient of identification of causality in environment tort. To safeguard the rights of victims, reduce the difficulty of proof, using of the theory of causality presumption has become a new trend for research. The method of probability causality theory, epidemiology causality theory, indirect disproof theory appeared to identification causality in fact.However, in the judicial practice of our country, the judge has its own skills to solve environmental civil infringement cases. But most of the use of the method of inversion of burden of proof in each case, has its advantages and disadvantages. With this situation, we should put the relevant foreign theories flexibly into the judicial practice in China. To the macro guiding principles from the general steps for micro, judge of the environmental tort cases could set up a proof of causality identification system. Both the rights of the victims or the maintenance of proper behavior of industrial enterprises’ free, is a good guarantee.The first chapter is the introduction, introduced the background the significance of this article selected topic, structure arrangement and the method of demonstration and innovation. To start the second chapter from the environmental civil tort and general tort causality, discussing the special elaboration of environment tort and its causality. And also have a discussing at the limitation of the method with general tort causality. Clearly the related system of environmental tort causality in our country. The third chapter introduces the related theory of causality presumption, the most important part is that a detailed introduction of its principle and content, which focuses on clarifying the distinction between causality presumption and the inversion of burden of proof in the current law. The fourth chapter mainly introduces the foreign theory of causality presumption, in each theory related combined with the specific case as an illustration. The fifth chapter is the present situation and prospect. According to the cases collected which summarized the identification about causality in China, and put forward the idea to solve the problem, then to have a proper application on causality presumption.