The General Causation To Replace The Specific Causation In Toxic Tort

The toxic tort that has been significantly increased since the 1970 s has become a distinctive type of lawsuits in US tort law.With the development of China's industrialization,toxic torts have also flooded into Chinese courts.But because of characteristics of this kind of lawsuits that there is a longer latent period between exposure and disease,and harmful behavior is concealed result in the plaintiff's failure to prove that there is causation between his damage and the defendant's conduct,thus failing to obtain damages,which challenges the current legal system.Contradictions have arisen between the lack of legislation and theory and the realistic problems urgently needed to be solved.Therefore,how to solve the problem that causation in toxic tort is difficult to prove becomes imminent.The author puts forward the general causation to replace the specific causation on the basis of the theory and experience of Anglo-American law and the actual situation of our country for that.This paper is divided into five chapters:In the first chapter,the author raises questions through two real cases that showing the way of dealing with toxic tort cases in our country.The second chapter mainly introduces the general situation of poison infringement,including its meaning,characteristics,types etc.for hoping that we can better understand the types of cases in which general causation can replace specific causation.The third chapter mainly introduces the basic theory of general causation and specific causation and their respective proving methods.The fourth chapter mainly analyses the rationality and necessity of the replacement of general causation to specific causation;the fifth chapter is also the focus and difficulty of this paper.It mainly introduces the application of the replacement of general causation to specific causation,including its conditions and specific practices.