On The Identification Of Causation Of Environmental Pollution

With the rapid development of modern industry, the damage of environmentalpollution disputes increasing day by day. However, the characteristics of environmentalpollution cause the causal relationship between the pollution and the damage is difficult toidentify. The traditional tort theory is not conducive to the protection of the legitimaterights and victim’s interest, thus arise the theory of causation presumption. Many countrieshave established the presumption principle of causality, which become the mainidentification method of environmental pollution tort causality. China has also establishedthe principle, but with many problems meanwhile, such as the legislation is too vague,distinguishes between inversion of onus probandi and causality presumption,misunderstanding the connotation of the inversion of onus probandi, presumption ofcausality standard confusion, etc. In view of the above problems, one method is tocorrectly distinguish causality presumption and the proof burden are two different concepts,and then introduce the principle of presumption of causation in the environmental pollutiontort law system. The other method is to perfect the legislation as soon as possible, at thesame time, the scientific allocation of burden of proof is necessary. Only in this way, canprovide a more conducive to the protection for the environmental pollution tort victims,and fulfill the judicial justice.