The Research On Causality Of Environment Tort

Before the interpretation of the law by Supreme People’s Court on the application to cases of environment tort liability,hereinafter referred to as the interpretation of environment tort enacts,the causal relationship in environment tort is based on rules of shifting burden of proof.However,a series of problems are derived while applying the regulation.To a certain extent,it’s badly in need of exploring a new way to identified causation in environment tort.The Interpretation of Environment Tort abandoned shifting burden of proof and then asserts application of causality so that solve these problems.The aggrieved person needs to burden the proof of relevance in the case of environment tort according to judicial interpretation.But how to apple the inference rules of causality in judicial practice is still to be further discussed.Foreign countries have already established many theories of environmental tort causality.The judge used the German breach of duty to identify the causality in the case of TaiZhou Environmental Protective Federation sued JiangSu,ChangJin and other companies in the environmental tort compensation dispute.The casual relationship is both crucial and complicated.The casual relationship is related to other companies often directly determines the issue of final responsive.In the case of TaiZhou Environmental Protective Federation sued Jiang Su,ChangJin and other environment tort,one of the focus disputes is whether there is a causal relationship.This paper closely discusses the focus of dispute and through the analysis of predicament of causation on environment tort in current legislation and judicial practice in China,several suggestions for improving the causation of environment tort are put forward on basis of foreign theories,such as establishing principle of causality in legislation,clearing standard of proof in judicial practice,perfecting the system of people’s assessor regime,applying comprehensive theory of causality in foreign environment tort.