A Study On Causality Recognition Of Ecological Environmental Damage Liability

Ecological environmental damage and environmental infringement are two different types o f legal relationships.The eco-environmental damage system is a new regulation of my cou ntry’s environmental law.The academic circles and the judiciary have insufficient research and different understanding of the eco-environmental damage system,which has affected th e application of justice and the unification of the legal system.However,this article does not take all the elements of the constituent elements as the research focus of the ecologic al environment damage system,but only selects this element to determine the cause and e ffect relationship.Specifically,on the basis of defining the concept of "ecological environ mental damage",briefly discuss the constituent elements of ecological environmental dama ge liability,and point out that the determination of the causal relationship of ecological en vironmental damage liability has its own characteristics;Mature theory,combined with liter ature research,value analysis and other methods,focuses on the question of whether the t heory of presumption of causality,the inversion of the burden of proof liability can be ap plied to the determination of the causality of ecological damage and the difference betwee n the two systems;again,Focusing on the judicial practice of determining the causal relat ionship of ecological environment damage liability in China,and combining the case analy sis to analyze the problems existing in the causal relationship determination of the practica l community;Finally,for the problem,we propose a new way of identifying the causal re lationship of ecological environmental damage liability in China Based on presumptive the ory,the system of identification is supplemented by "who claims and who proves".