The Civil Law Neglect Of The Epidemiological Causality Theory

At present,most of the causal relationship in environmental tort and public nuisance events in our country is based on the traditional causal relationship theory.Because of the limitations of traditional causality theory,coupled with the particularity of environmental tort and public nuisance events,it can not effectively determine the existence of causality in such cases.This paper breaks through the traditional theory of causality and puts forward the theory of causality in epidemic science,trying to find a new solution to the identification of causality in environmental tort and public nuisance events.This paper is divided into five parts.The main contents of the main body are as follows:The first part is the theory of causality.First of all,the paper puts forward the dilemma faced by the traditional causality theory in environmental tort and public nuisance events.One is the particularity of environmental tort and public nuisance events,the other is the limitation of the traditional causality theory in the face of environmental tort and public nuisance events.In such a dilemma,we need to find a new theory to solve the problem of identifying causality,lead to the theory of causality in epidemic science and introduce the basic content of the theory.The second part is the construction of causality theory.Because the theory of causality of epidemic science was born in judicial cases,the initial path of the construction of causality of epidemic science was introduced through cases.Through the application of causality theory in judicial practice,the "four elements" of causality theory are developed.Secondly,there is a significant correlation between the effect of the factor and the number of diseases and the severity of the disease.The deeper the degree of environmental pollution,the more the number of diseases,the more serious the disease,showing a significant positive correlation between the two.Third,to some extent,the elimination of this factor will directly lead to a decrease in the number of patients and the degree of disease.Fourth,the factor is in line with the biological explanation,there is a causal relationship between the factor and the result of injury,which is in line with scientific principles.In order to judge the existence of causality,the general cause and specific cause are the key factors to judge the existence of causality.The third part introduces the application of epidemiology and causality theory in the judicial practice of our country through cases.In order to solve the identification of causality in the case and protect people's health and environmental pollution,it is necessary to prevent it as early as possible.Finally,this paper affirms that the application of causality theory of epidemic science has positive value.