The Study Of Causality In New Environmental Tort

With the rapid development of science and technology,on the one hand,it has brought about the rapid development of economy.On the other hand,it has brought about the development of environmental tort cases in a new and complicated direction.At present,in addition to the traditional environmental pollution such as air pollution,water pollution and solid waste pollution,new environmental tort such as noise,light and electromagnetic radiation have also emerged.For the new cases of environmental tort,due to the lack of clear and specific operability of the relevant laws and regulations in judicial practice,the lack of relevant academic theory research and the characteristics of the new type of environmental tort,the identification of causality has become the main problem in the new environmental tort cases.Based on this,this paper takes the identification of causation of new environmental tort as the research object,and taking Jingmen Cement Company and Jinqiao Aquaculture Company as an example.This paper tries to explore a new method of the identification causation of environmental tort by case analysis.In order to solve the current judicial practice of causal relationship between the mechanization of the problem and the same case of different judgments.This paper is divided into three parts to analyze the causation of new environmental tort.In the introductory part of the paper,the author introduces a typical case of the new environmental tort causality identification case--the case of environmental pollution liability dispute between Jingmen Cement Company and Jinqiao Aquaculture Company.Furthermore,it is clear that the focus of disputes in the case focuses on the identification of causation.The first part of the paper is an overview of the causality of the new environmental tort.The author first introduces the basic concept of the causality of the new environmental tort from the perspective of the establishment of responsibility and the scope of responsibility.Furthermore,through the comparison with the causality of traditional environmental tort,the characteristics of the causality of the new environment tort are highlighted.On this basis,the author analyzes the current state of operation of relevant legal provisions in judicial practice and the current state of related academic research.Finally,the reasons for the difficulty in identifying the causation of the new environmental tort are clarified.After a preliminary understanding of the basic profile of the causal relationship between new environmental torts,the second part of the study is divided into three sub-parts,which analyze the issue of the identification of the causal relationship between new environmental torts.The first part is the issue of the burden of proof,which includes the over-allocation of burden of proof of the infringed and the type of evidence provided by the infringed.The second part is to prove the standard issue.At present,there is a problem of inconsistency in the standards of proof of infringers in China.The third part is about the issue of proof method.On the basis of analyzing the relevant disputes existing in this field in our country's academic circles,the author also introduced the relevant foreign proven methods.The third part of the study puts forward Corresponding sound suggestions on the specific problems in the process of identifying the causality of new environmental torts.Firstly,for the issue of burden of proof,comprehensive consideration should be given to relevant factors,and on the basis of following the judicial values of fairness,justice and efficiency,the burden of proof of the infringed person should be reduced.At the same time,drawing on the United States' pre-administrative review procedures and attorneys' fees,the principle of "the losing party's burden," the balance between the reduction of the burden of proof of the infringed person and the prevention of abuse of the lawsuit should be balanced.Secondly,harmonizing the issue standard of the infringer.Thirdly,for the issue of the method of proving causality,we should establish the method of proof of the presumption of causation in light of the current situation of judicial practice in China.