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The Research On Burden Of Proof Of Causation Of Environmental Tort

Posted on:2017-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q YangFull Text:PDF
GTID:2336330503958624Subject:Environment and Resources Protection Law
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Causation is always a difficult problem in the work of legal practice and legal theory, especially the environmental tort liability, because of the establishment of the principle of no fault liability, whether it can be investigated for the infringement of the tort plays a vital role. However, it is difficult to solve the problem is how to confirm whether there is a causal relationship between the behavior and the violation of the facts. Which is in addition to the complexity of environmental tort cases, the nature of environmental tort, the usefulness of the behavior, the high technology of litigation evidence, etc., to promote environmental tort liability in the causal relationship is difficult to find, difficult to prove, difficult to identify. At present our country in the legislation only for the burden of proof can not lose the risk of the transfer of a clear: in the proof of environmental tort liability in the causal relationship, only the principle of the burden of proof in accordance with the principle, and no clear explanation for the method of causal relationship. In the legislation of the "defects" in each place of the court in the identification of causal relationship, the method adopted is inconsistent, and some use is quite causal relationship, some individual application of the principle of the burden of proof, some of the inevitable causal relationship, and the way of innovation, the way is presumed causal relationship. To some extent, these methods have their own rationality, but the inconsistency of the judiciary is likely to result in the same case, which not only does not accord with the legal rights and interests of the victims, but also makes the judicial authority and consistency in a great way by the harm.In our country for the pollution of the environment, a lot of problems, we can learn from foreign countries to deal with similar environmental pollution and damage to the relevant measures to take.In this paper, theoretical research and the environment in tort causation, compared to domestic and foreign environmental litigation liability tort causation theory, understand the current situation of environmental litigation liability tort causation and found its problems, these problems include:(1) the plaintiff The burden of proof is not clear;(2) evidence from the burden of proof is not the ability to pay attention;(3) infringement incomplete findings of fact; the lack of(4) causation Di certification rules;(5) the burden of proof inversion own shortcomings;(6) The traditional standard of proof to prove infringement litigation and environmental requirements inconsistent. Tort litigation liability for environmental causation of the problems, we propose the following solutions: First, to determine the specific responsibilities of the original defendant to prove; Second, we should maximize the protection of the equal status of the parties to the proceedings; then, clearly demonstrated that object, the risk of damage included in the scope of the fact of infringement; again, perfect causality burden of proof; then, the idea of burden of proof upside down; and finally, to improve the standard of proof. Finally, this paper, a concrete example of this study verified. This study is theoretically possible to improve our current environmental liability in tort causation judicial confusion in this regard, can provide a reference for instance exemplified herein in practice.
Keywords/Search Tags:environmental infringement, environmental tort liability, causation, burden of proof, allocate the burden of proof
PDF Full Text Request
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