Research On The System Of Presumption Of Causality In Environmental Tort

It is difficult to prove the causality of environmental tort because of its scientific,long-term and lagging characteristics.At the same time,the parties to environmental tort lawsuits are often unequal,so traditional theories of causality cannot achieve social justice.In this context,in order to solve the problem of determining the causality of environmental torts,various countries have produced a series of theories.The applicable conditions and scope of different theories are different.China's legislation has also abandoned the use of traditional theories to solve environmental torts.Fault is no longer one of the elements of liability.The determination of causality is also different,but the "tort liability law" conflicts with the judicial interpretation.The conflict and fuzziness of legislation make the judicial practice appear different trial standards.There are two environmental tort cases in the guidance cases issued by the Supreme People's court,but the judge's determination standard of causality is not uniform,mainly because the judge bears different responsibilities for the plaintiff.Scholars in China have different views on the legislation of causality of environmental tort.Some scholars think that China's law provides for the inversion of the burden of proof,while others think that the current legislation belongs to the presumption of causality.In the judicial practice,there are many obstacles in the inversion of the burden of proof,and the theories of all countries are to reduce the burden of proof of the victims.The inversion of the burden of proof can only protect the rights and interests of the victims,but it can not reduce the difficulty of proving the causality of environmental tort,and it does not fundamentally solve the problem of identifying the causality.On the basis of reasonably reducing the burden of proof of the plaintiff,the presumption of causality reduces the difficulty of proving causality,so as to solve the problem of identifying causality.It is necessary to constructthe degree of causality in China,and the focus is on how to make the basic facts clear and concrete.This paper holds that the "relevance" between the pollution act and the damage result stipulated by the law of our country can be understood as the basic fact in the presumption.how to prove "relevance" has become the most important issue."Relevance" can be subdivided into internal connections and external connections.External connections are proved by having connections in time and space.There is a possibility of harm caused by internal connections and pollutants and damage results.Different cases can be classified.Make a classification and use the above-mentioned foreign theories to prove it with a suitable method."Relevance" can be divided into internal and external relations.The external connection can be proved by the connection between time and space.The internal connection is that there is a certain possibility of causing harm between the pollution substance and the damage result.We can classify different cases and use the foreign theories to solve the problem of environmental tort in China.