On The Proof Rules Of Causal Relationship In Environmental Infringement Actions

Causal relationship in environmental infringement actions is a major and difficult theme of theory,with the characteristic of profound theory as well as specificity of the emphasizing practice.Since the establishment of the imputation principle of no-fault liability,the proof of causality has become the bottleneck in environmental tort action.There are some problems in the legislation and the judicial interpretation of environmental.tort in our country.It leads to the different understanding of the recognition of causation in environmental tort litigation.As a result,the judicial trial of the environmental infringement cases is very confusing.By analyzing and discussing these problems,we can clarify the proof rules of causality in environmental tort actions and provide theoretical basis and procedural guarantee for the recognition of causality in environmental tort litigation.In addition to the introduction and conclusion,this paper is divided into four chapters.Chapter One begins with the background of this topic,and introduces the causal relationship of environmental tort litigation.Then it introduces the connotation,characteristics and status of the causal relationship in environment tort actions.We can fully grasp the basic content related to the causality in environmental tort actions.Then it probes into the practical significance and concrete ideas of researching on the proof rules of causality in environmental infringement actions.It makes a theoretical basis for the following detailed proof rules.Chapter Two starts from the aspects of academic development and rule development,and analyzes the present situation of the distribution of burden of proof,which is the prelude of the proof rules of the causal relationship in environmental infringement actions.On the basis of the distribution of the burden of proof,Chapter Three draws on the relevant theories in foreign countries to perfect the proof method of the causality and its specific application in environmental tort litigation in China.This is the identify means of the proof rules in environmental tort causality.Chapter Four mainly analyzes the problems which exist in the standard of proof in traditional tort causality applying to environmental infringement litigation.It puts forward some feasible suggestions on how to prove the relevance between pollutants and damage results.This is the specific standard in the proof rules of environmental tort causality.