Research Of Environmental Tort Liability Causality Presumption

Environment tort is a special kind of tort, whose difference from the traditional tort has been nationally identified. Due to the particularity of environmental tort, to prove the causal relationship between environmental tort and its injury consequence is extremely difficult. In order to meet the needs of the environmental tort damages, a variety of doctrine of the presumption of causality exists has been produced, which has played a very important role in the different types of environmental infringement cases, but each theory has its limitations. The environmental tort liability causality presumption is not stipulated in China’s current legal system,but only in the tort liability law and judicial interpretation rules the causality onus probandi inversion is regulated, which is different from the former in the concept and applicable methods. The laggard causation system in environment tort liability hindered the realization of the function of environment tort responsibility.This article, from the meaning of environment infringement causality presumption and rules on the environmental tort theory of causation presumption, detailedly discusses the important content and defects of each theory abroad and the development and present situation about the causal relationship of environmental infringement, and based on this, the article gives a suggestion about how to improve the environment tort causation legislation and judicial.