Research On The Causality Of Environmental Potential Toxic Tort

With the continuous deepening of the environmental pollution and destruction in the modern industrial production and development, the problem of environmental potential toxic tort has also become more and more serious. In order to solve the most difficult problem in the environmental potential toxic tort--"the Proof of Causality", the world's major developed countries and regions such as the United States, Germany, Japan and China Taiwan in the last century began the academic research and legislative provisions to solve the problems, these countries and regions have gradually established and perfected a series of theories, methods and legislation to solve this kind of problem through the accumulation of many judicial practices.In China, the Reform and Opening-up nearly forty years has brought rapid economic development, but also brought increasingly serious problems of environmental potential toxic tort. However, China's current legal system is difficult to solve the problems reasonably which more frequently occurred in the reality, and the most critical issue is the proof of causality. First of all, the writer analyzes the characteristics of the environmental potential toxic tort, and points out the difficulties of the proof of causality; and then based on the judicial practices in our country, points out the problems when they are dealing with this kind of cases. Then the writer focuses on the foreign related laws and regulations and the scholars both at home and abroad. Finally, the writer puts forward the viewpoints and suggestions to improve and solve the proof of causality in China's environmental potential toxic tort.