On The Causal Relationship Between Environmental Pollution Infringement Of The Presumption

As a way to more accurately identify environmental tort theory of causation, causality presumption is becoming a focus of research in various countries and regions. Although our legislation does not specify causality presumption, but in judicial practice has appeared creative causality presumption applicable cases. The nature of the author Tort Law "Article 66 relating to environmental pollution tort causation provisions as the logical starting point of this article, in the form of case studies on the identification of environmental tort causation empirical research, and to sort out existing causal analysis presumption based on various theories put forward to build our system of presumed causal relationship advice.In addition to the introduction article mainly composed of four parts.The first part of the article discusses the environmental pollution of the Causality of Legislation and judicial practice. "Tort Liability Act" Inherit the previous legislative experience, in its article 66 clearly defines the pollution burden of proving causation infringement inversion. Judicial practice, due to our long-term affected by the inevitable causal theories from the Soviet Union, and the country has not yet been clearly defined legislation on environmental tort causation presumption cause environmental pollution around the court finds that the practice of different tort causation. Although there is a causal relationship creatively apply the presumption of cases, but the judges are varying degrees of problems when applicable.The second part of the article discusses the necessity of environmental tort causation presumption. "Tort Liability Act," the environmental tort provisions for special tort for no-fault liability, causation thus become an important environmental tort litigation Elements and focus. But environmental tort causation different from the general tort causation has the particularity of the traditional theory of causation applicable encounter difficulties. Although the "Tort Law" stipulates that the burden of proof will help reduce the burden on victims to prove, but still applicable limitations on, so it is necessary to study infringement of environmental pollution in the causation presumption.The third part of the article analyzes the theory of environmental pollution combed causality presumption of infringement. Causation Presumption of environmental pollution that finds the essence of causation of environmental pollution in the fact of the infringement, its application is aimed at reducing the victim to prove the basis of the fact that the standard of proof, which makes it more difficult to prove the presumed fact is proved. One of the major causal presumption theory are: probability of causality that its judicial practice, the use of, and the development of a preponderance of the evidence, said the fact that the presumption to say; indirect proof that include immunological causal said, roughly estimating the theoretical as well as indirect evidence to the contrary, said. The foregoing presumption of causation theory although there are advantages and disadvantages, but all have a great reference for our theoretical research and judicial practice.The fourth part of the article discusses the environmental pollution Causation in Tort, Construction of causality presumption system. The main building from two levels: First, the principle of causality presumption provisions, the presumption of a causal relationship between the development of the theory of practice to reserve space. Secondly, for different types of environmental pollution infringement cases, flexible application specific presumption applies the theory of causality: environmental pollution resulting in the majority of cases of people suffering from diseases for epidemiological causation theory; environmental infringement cases in the common neighbor relations, the preponderance of evidence applicable to say; in relatively clear path pollution pollution infringement cases for indirect contradiction; the case is very complex, and the long incubation period of tremendous harm cases, the integrated use of the aforementioned presumption of causation theory.