A Study About Causality Recognition And Liability Form In Several People Environmental Tort

In process of the several people environmental tort’s Case trial, the judge faces many difficulties. First of all, the judge is facing the problem of how to cognize the causality between the several tort behaviors and damage consequences,while analysis the type of several people environmental tort.The identification of the causality is more complex than the identification of the ordinary tort,because of multiaspect, Complexity, latency in several people environmental torts. Secondly, one question is how do we allocate the burden of proof in the causality recognition.The inversion Rule of burden of proof is provided in "tort liability law" 66 rules,But the specific allocation of responsibility is a controversial issue.And then, according to different forms of complex causality, Determine the scope and form of liability of several tortfeasors.Several tortfeasors will bear the proportionate liability or bear the joint liability should be based on the "causative potency" or "contribution"of Pollution behavior to consequences of the pollution. If each of the pollutant discharge behavior are sufficient to cause all the consequences of damage,that several tortfeasors should bear joint liability.If each of the pollutant discharge behavior can not cause the consequences of all damage,in accordance with the Cause force ratio bear proportionate liability. Or assume an average liability when the reason is unclear.If there is one or part of Pollutant emission behavior is sufficient to cause the consequences of the final damage,at the same time part of the behavior can not be cause,the person causing the final damage should bear part of the joint liability for the damage caused by the party. Correct judgment for the form of liability among several people is very important to safeguarding social justice and fairness, reliefing the victim, and punishing the environmental tort.