Determination Of Causality In Pollution-based Environmental Crimes

For common environmental crimes,and even pollution-type environmental crimes with simple causality,the traditional causality theory can be used to determine causation.However,for some pollution-type environmental crimes with complex causality,due to the special nature of causality,traditional causation theory suffers from difficulties in application,and some pollution-type environmental crimes are left outside the criminal law network.Facing this problem,we must break through the traditional theory of causality based on scientific principles and use the presumption principle of causation to identify pollution-type environmental crimes with complex causal relationships so as to avoid the country's established environmental criminal policy.Epidemiological causation theory and indirect counter-evidence theory are essentially presumptions and use criminal presumptions.The theory of causality presumption is not a new theory.It is a comprehensive application of epidemiological causation theory and indirect counter-evidence theory.It absorbs the longevity of both theories and complements them.On the one hand,the absorption of the “highly probative” proof standard of epidemic theory and the partial transfer of the burden of proof of the indirect counter-evidence theory have reduced the prosecution's burden of proof to a certain extent.This has certainty for the determination of the causal relationship of complex pollution-based environmental crimes.necessary.On the other hand,the prosecution is required to perform presumption of causation on the premise of proving basic facts,giving the defendant the right of reversing the evidence,preventing the presumption of arbitrariness and ensuring the restraint of criminal law.In addition,because the theory of causality presumption is a breakthrough in the traditional criminal theories,improper use will be detrimental to the defendant.Therefore,in order to achieve the unity of punishing crimes and safeguarding human rights,it is necessary to restrict the principle of presumption of causation...