The Causation In Environmental Joint Tort

With the accelerated process of industrialization and the development of science and technology, environmental pollution and ecological destruction is becoming increasingly prominent, the number of environmental joint tort is growing rapidly. However, the features of environmental joint tort such as uncertainty, latency, complexity, indirectness make the causation in environmental joint tort difficult to be judged by the traditional theory. It caused great difficulties for the courts to deal with environmental joint tort cases and it is not conducive to protecting the legitimate rights of the victims. This paper analyzes the causation in environmental joint tort from four aspects. It introduces the basic theory of the causation in environmental joint tort. It explains the meaning of environmental joint tort from its concept, nature and type; This dissertation holds the opinion that common consequence is the nature of environmental joint tort. By comparing the two legal systems of traditional tort causation, it defines the causation in environmental joint tort and analyzes its characteristics. It analyzes the method of judging the causation in environmental joint tort. By analyzes traditional tort causation judgment theories and particularity of environmental joint tort, it includes that traditional tort causation theories are difficult to judge environmental joint tort causation; Thus many countries provide for the theory of causation presumption. This paper analysis of these theories and concludes that the judgment of the causation in environmental joint tort should apply to causation presumption. It introduces the current situation in theory and legislation of the causation in environmental joint and the problems in judicial practice. Finally, it proposes that should construct causation presumption system. On the basis of comparing legal presumption and fact presumption, it concluded that legal presumption is better. For Judicial Application, it proposes specific steps and considers that the different types of environmental joint tort should apply to different methods of presumption.