Fact Presumption Theory

In the early1970s, there appears a lot of medical negligence cases andenvironmental tort cases. As a result of its complication, it is quiet difficult to decidewhether the disease plaintiff suffered is coursed by the defendant’s tort action, thusmore and more legal scholars began to study the fact causality. And it is also the case inChina, but unfortunately, it is hard for environmental tort case to get into the judicialprocedure，many environmental pollution cases were dismissed. Only a few cases couldget into the judicial procedure, but due to the confusion of causality theory, plaintiffcan scarcely win the lawsuit. Because of the special nature of the civil liability ofenvironmental tort causality relationship, if accurately prove scientific direct causalrelationship is required, the court will fall into the scientific controversy and unable tomake the victim’s request to get relief of environmental tort action.n order to meet theneeds of the damage compensation in environmental tort, many theories ofenvironmental tort causality presumption of fact emerge.Japanese environmental tortcausality judging the theories of probability theory of causal relationship, indirectdisproof theory, epidemiology causality said.In conclusion, this paper is divided into five parts.The first part, put forward the issues.In recent years, some problems exist inChina’s economic development caused a number of environmental pollution incidents。The environmental pollution lawsuit system in our country is not developed, the legalcosts of enterprises related to the low emission pollution.To perfect the system ofenvironmental damage compensation in our country, should draw lessons from theJapanese environmental tort causality presumption of fact theory.The second part, makes a brief introduction on the presumption of fact. First, aclear distinction between causal relationship between factual causation and legal, putforward the environmental tort cases controversial is relatively large factual causation,object role of presumption of fact is fact causal relationship.Then, the connotation, thetheoretical basis of presumption of fact and the suitable conditions to explain.The third part, the main theory introduces Japanese environmental tort causalitypresumption of fact, as probability theory, evidence theory, the advantage of indirectdisproof theory, the rule of thumb is unknown and epidemiology causality said the fourdepartments.Straighten out the origin of each theory and application, and makes a brief evaluation.The fourth part, the main theoretical exploration of Japanese environmental tortcausality presumption of fact in the judicial practice. This part selected Yokkaichiasthma cases, Kawasaki Steel Co., Chiba iron and steel for detailed explanation of thepollution of litigation and litigation of air pollution in Tokyo this three case on thecausal relationship between the process of proof.The fifth part talks about causality presumption of fact and its reference for china.First summarize the merits of the environmental tort causality presumption of facttheory, and then analyze the application status and the presumption of fact prove that therelationship between our causality of environment tort in our country in case of tort. Thefinal system prove the relationship between China’s environmental tort causality.