On The Causality In Environmental Tort

Economic development and technological progress have made great contributions to human society,but with the economic development and technological progress from a series of problems also seriously affected the human life.Environmental pollution and ecological destruction can be said that economic development and scientific and technological progress in the process of the problem can not be avoided,and China in the early reform and opening up,the excessive pursuit of economic development and ignoring the issue of environmental protection,there have been many environmental violations.Rescue through legal means is one of the main ways of environmental tort remedies,which plays an important role in improving environmental quality and safeguarding the legitimate rights and interests of citizens.Whether a behavior constitutes a general infringement,need to make judgments from four aspects,one of which is causal relationship.Therefore,in environmental tort cases,to determine whether an act constitutes an environmental infringement,the key point is to determine the existence of causality or not,as to how to determine the existence of causality or not,in the legal profession has been controversial.Environmental tort has its own unique characteristics,so the traditional causal theory can not solve all the problems in environmental tort cases,then we have to use the causal relationship theory to solve these problems.The causal relationship presumption theory can better protect the rights and interests of the victims,but these theories have higher legal literacy requirements for the judges,and some of the causal relationship presumption theory is limited in scope and can not be applied to all cases of environmental infringement.So,this requires us to deal with environmental infringement litigation,the specific analysis of specific issues,choose the theory to adapt to the case to solve the problem.With the continuous progress of science,we have more and more ways and means to help us identify the causal relationship,but on the other hand the types of infringement of environmental infringement cases have become diverse,will face many have not appeared before This will give us new challenges in determining the causal relationship between environmental infringement.This paper first introduces the basic concepts and characteristics of environmental tort and environmental tort causality,summarizes the relevant theories applicable in environmental tort cases in Japan,Germany and the United States,and then expounds the development of relevant theories in China.In the following chapters,this paper analyzes the mainstream viewpoints of various types of environmental tort causality in China at different stages through case analysis.Although the provisions of the existing law,there is no clear provisions can be applied causal presumption,but as early as 1991,China has been the use of causal relationship presumption to precede the case,which for our future legislation presumption of causality to lay a solid Foundation.At the end of this paper,some suggestions are put forward,hoping to make some contribution to the identification of environmental tort causality in China.I believe that we should be "foreign for the use of" learning Japan,Germany,the United States and other countries advanced causal relationship theory,and then combined with China's national conditions,to create for me to use the environmental tort causal relationship presumption system.First of all,in the law clearly stipulates the principle of presumption of causation;Secondly,in the judicial practice,through the Supreme People's Court issued a case guide to the causal relationship between the presumption of the type of application to make a demonstration.