Indirect Counterevidence Said In The Application Of Environmental Tort Causality Presumption

With the intensification of environmental destruction and pollution in our country,the environmental tort damage consequences has become a major social problem in China,through the judicial relief way became the final safeguard rights of environmental infringement lawsuit.However environmental tort and the particularity of the cognizance of causality is different from the traditional tort,such as the position of parties influence the inequality,the infringement is complex,indirect,diversity,and latent complex characteristics,which makes in the process of causality of environment infringement,causal relationship with traditional infringement method is difficult to make the right judgments,but at present our country legislation and judicial practice on the causal relationship between method and standard there are still many imperfections,the related legal system has not been all aspects of the study,which makes environment violators of tort liability shall be pursued,and the protection and remedy for environment tort lead to prejudice the legitimate interests of the victims of the consequences,face many difficulties in the process.This paper introduces the related concepts of indirect counterevidence said as well as the causation presumption in environmental infringement and the development of the application at the same time,based on the doctrine of relevant causality presumption of environment infringement theory of comparative study,further explore the indirect counterevidence said used in our country environment tort causality presumption of perfect and related Suggestions.Hope that through this article research,to the future of our country environment tort case inspired ideas,thus better protect by environmental tort damage to harm a person's legal rights and interests,protecting the environment and promoting economic development,social harmony and justice is the righteousness.In this paper,in addition to the epilogue,is divided into four parts research indirect counterevidence said that the application of causation presumption in environmental infringement.The first part of the introduction,first introduced the research background and indirect counterevidence said to carry out the significance of this theory,and the research contents and methods of this article brief introduction.The second part,further introduce the development of the indirect counterevidence said on the domestic and international environmental law.Indirect counterevidence said origin Germany civil evidence law,use and development in a Japanese environmental tort law and the present situation of the research in our country.The third part,through the comparison with other indirect counterevidence said causality presumption theories: superiority evidence says,fact presumption,epidemiology causality presumption and let's just say,said further introduce indirect counterevidence with other causality presumption theory the similarities and differences between the advantages and disadvantages.The fourth part explores the indirect counterevidence said in the value orientation of environmental tort in causality presumption in indirect counterevidence said causation presumption in environmental infringement use of the strengths and weaknesses relative evaluation.The fifth part introduces analysis of indirect counterevidence said the application of environmental tort in our country causality presumption to improve and advice.Our country current law on environmental tort causal relationship does not have clear rules for causality presumption system,mainly depends on the inversion of evidential burden,resulting in judicial practice is not consistent across even chaos,the referee could not meet the actual requirements of complex in the judicial practice.And combined with the actual situation of our country judicial practice in the use of indirect counterevidence said at the same time should pay attention to fairness and justice value orientation and indirect counterevidence said when appropriate to include them in environmental protection,can yet be regarded as a kind of effective measures.