Theory Review And Practice Improvement Of Causality Recognition Of Environmental Infringement

In the field of environmental infringement,the indirect nature of behavioral damage during environmental infringement,the long-term nature of the damage,and the perceived hindsight of the victim for damage have made it more difficult to identify cause and effect.The principle of imputation used in the field of environmental infringement in China is the principle of no-fault liability,which requires the accurate determination of causality.The determination of causality is the basis for judging whether environmental violations are established or not,and it is also a constituent element of environmental violations.Under the new circumstances,the study of whether there is a causal relationship between the behavior of one party involved in environmental violations and the damage consequences of the other party is an important basis for judging whether environmental violations can be established.When the academic community decides whether an action is an environmental tort,it proposes different theories and doctrines such as the “ probability theory,” “ the epistemological causality doctrine,” and the “indirect anti-evidence doctrine”.This article will sort out the above theories,analyze the strengths and weaknesses of various theoretical doctrines,and review various doctrines.The plaintiff is often in a weak position in environmental infringement,so the proof standard for the plaintiff only needs to reach a low degree of probabilistic proof,and for the defendant,the plaintiff needs to put forward higher proof requirements after submitting evidence.In our country’s legislative practice,the theory of presumption of causation is not clearly defined,which is not conducive to uniform application in judicial practice.This article compares the two methods of inversion of burden of proof and presumption of causation,finds their respective strengths and weaknesses,and further proposes rationalization in the legislative provisions on the determination of causation: First,the principle of causality is presumed as the basic principle,and the second is the environment.The improvement of the infringement causality determination includes the explicit stipulation of the presumption of causation in the legislation,the establishment of uniform applicable steps for the presumption of causation,and the improvement of the rules for the inversion of the burden of proof;the third is the type of environmental infringement cases in judicial practice.The content includes that environmental pollution causes the disease in specific areas should apply the epidemiological causality theory;China’s rural environmental infringement cases apply indirect counter-evidence;the case of infringement of neighboring rights applies superior evidence;for special types of environmental infringement cases can be A variety of theoretical doctrines are applied comprehensively.