Study On Causation Prove Of Environmental Tort Litigation

With rapidly economic development, Environmental disputes as a product of modern society which highlighting focused contradiction on the protection of civil rights and economic development. Legal As a means to solve dispute cannot bias which side. Therefore,China's Tort Liability Act provide in the environmental tort litigation, offender should bear to prove causal relationship between the results and the damage.But practical operation is not satisfactory, the reason is causal cannot be defined clearly, lack of proof of causation method and proof standards.Traditional environmental tort theory of causation main include conditioning theory,proper causation a nd necessarily causality theory. Every theory which applied to environmental tort litigation also has different limitations. Conditioning theory does not distinguish between factual causation and legal, regardless of primary and secondary causality, expansion of the scope of responsibility. Proper causation cannot make a specific definition of the “equivalence”. Necessarily causality emphasizes the nature relationship between the damage and the results, but it is difficult to identify the inevitability of a causal relationship exists. Based on this, countries create a variety of new theories of causality in the field of environment tort: probability causality, epidemiological causality, surface causality and so on. Modern causal theory use “probability” or “possibility” determine the existence of a causal relationship, greatly reducing the burden of the injured party.Secondly, we always use logical reasoning and rules of thumb to prove causal relationship, but the traditional method of proof cannot fulfill modern environmental infringement cases. So different countries sum up a series of proof means such as presumption fact, preponderance of evidence, epidemiological proof and other indirect method. The above-described method reduces the burden of proof to prove the injured party, reduce the standard of proof of causation, adapted to the environmental tort litigation special needs. However, different method of proof from the different types of cases only can be use in a certain type of situation. In a sense, Presumption fact and the preponderance of evidence is the standard of proof rather than proof. Epidemiology can proved groups dispute but it is difficult to judge the individual cause. Indirect evidence to the contrary is applicable only if the causal relationship between virulence factors and the results of the damage has been determined, but how to reach damaged areas virulence factor not yet identified.Thirdly, our country establishes a high probability of proof standard to prove causal relationship in civil litigation field, which balances the interests of both parties. But once apply for environmental tort litigation, they were virtually would harm the interests of the injured party, overhead inversing burden of proof of causality system. Foreign generally taken a lower standard to reduce the injured party to prove causality exists. Not only they design a variety of proven methods to reduce prove causation standard, the United States, Germany, Japan and other relevant state laws also recognize and adopt a lower standard of proof of causality.Justice is the soul of law,in particular litigation activities should use different ways to close the truth instead of use burden of proof to referee cases. Environmental tort causation proof mode should posing concept of justice in the first place, use the value of justice to guide other law value. Next, we must take advantage of social resources, natural resources, improve resource utilization, and maximize the information in a specific litigation field. In terms of specific reconstruction, adopt part of reason to analyzing fact causation, use equivalence to determine the legal causation. Adhere the principle of causality inversion of burden of proof. In particular proceedings, apply the specific burden of proof to manage environment causality proof. Flexible use proven methods for different environments causal infringement lawsuits. Follow the “dual system” causation standard of proof, the injured use low degree of probability standard to certificate causal relations hip exists,the harm apply high degree of probability standard to prove causal relationship does not exist. It is noteworthy that the injured should insist on high degree of probability standard to judgment violations and the damage results.