Research On Presumption Of Causation In Environmental Tort

The rapid development of the industry drives the economic growth of our country,but it also brings the negative effect-environmental problems.And environmental disputes emerge in endlessly.Compared with the common civil cases,the disputes in the environmental field are more complicated and difficult to determine the causal relationship.Some foreign countries in the field of environment first create and establish causality presumption in the legislation.The judicial organs also consistently and widely apply the presumption theory to solve the causality problems.The successful settlement of the actual case proves the obvious superiority of the proof method of the causality presumption in protecting the legal interests of victims,reducing difficulties of causality,breaking the traditional theoretical drawbacks and balancing the rights and obligations of the parties.Different from foreign legislation and uniform judicial application,the existing legislation in our country uses the inversion of burden of proof in the environmental field to determine whether there is a causal relationship.In judicial practice,the trial organs have various treatments to determine causal relationship.Some courts use the rule of inversion of burden of proof;some courts adopt necessary causation theory;Part of the courts creatively apply the theory of causality presumption.Comparing different ways to determine the causal relationship and results between foreign countries and China,the paper analyzes the problems of our country.Therefore,the author puts forward to some proposals.For instance,establishing the presumption of causation in the legislation.On the basis of this,demonstrating the judicial application of presumption of causation in environmental tort.Looking forward to our country not only establish causality presumption in the macroscopic legislation,but also use multiple causality presumption methods to resolve the different characteristics of the dispute cases in microcosmic judicial activities.Finally,realizing the double value goal of fairness and efficiency as well as legal and reasonable coexistence and win-win.