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On Causation In Environmental Tort

Posted on:2009-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:L L LiuFull Text:PDF
GTID:2206360272957486Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of our society, the problem of circumstance happens in our living more and more frequently. The number of people dead of pollution becomes higher and higher. Unfortunately, the causal link between the sufferance and the pollute action is very complex. So many victims can hardly safeguard their right. But the theories of the High degree of probability,Presumption of fact,Epidemiology,T study can help us with the problem. From reducing the degree of prove and using technology, man can find of the causal more easily. At the fist several years after the end of Word War Two, most of the people pay their attention to the developing of the society, not the effect of the pollution to our body. But as the developing of our economic, the problem of circumstance becomes more and more serious. Form the four pollution affair in Japan to the Bhopal Disaster in India, we have suffered too much. How to remedy the victim's damage? It is more and more impotent to define the causal link between the sufferance and the pollute action. According with this, many theories come to existed. For example, using the theory of High degree of probability, the victims can solve the causal problem more easily. Besides, Epidemiology complements it. In America, in the part of toxic tort, there are also some new theories. Such as the fact speaks for itself, preponderance of the evidence, Epidemiological studies, particularistic evidence, T-cells studies, apportionment. All the theories can help us in resolving the causal link problem and protecting the sufferers'right in time. They are all good models for our judicature, and are valuable of study.
Keywords/Search Tags:environmental tort, casual, the high degree of probability, preponderance of the evidence
PDF Full Text Request
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