Study On The Cognizance Of The Causation Of Environmental Tort In China

In the cases of environmental pollution torts,the specific reasons for the damage are often complicated,often a result of many causes,whether the pollution behavior or the damage result have the characteristics of long-term,concealment,repeatability,latent and so on,and it is difficult for the court to prove it because of the limited nature of science and technology in order to identify the existence of causality.From the environmental legislation and judicial practice of our country,the problem of determining the causation in the environmental pollution tort is more prominent.Although the environmental protection problem has been highly valued in recent years,the legislation and the judicial level are constantly improving the law of environmental protection,but there are still a lot of shortcomings that need to be further improved.In the introduction part,the author introduces the theme of the article through the general overview of the environmental tort cases,and expounds the purpose and significance of the study,the research results of the theoretical,legislative and judicial levels at home and abroad,as well as the author's research ideas and methods.The article is divided into four parts.The first part first expounds the particularity and complexity of the environmental pollution tort,defines the causal relationship between the general tort and the environmental tort,and summarizes the relevant legislation and the disputes in our country,and pave the way for the following research and discussion.The second part analyzes and comments on various causality theories in academic circles both at home and abroad,and discusses the application of various methods in China's judicial practice.The third part of the author analysis of the empirical research methods through the case,from 50 cases of the court in the judicial practice of basic thinking,the methods used to identify the causation and the existing problems.The fourth part focusing on the key problems in the judicial practice,explores the types of trial,the setting of multilevel proof standards,the balance of scientific evidence and theoretical methods to find reasonable solutions.