Research On The "Relevance" Of Environmental Tort Litigation

The Judicial Interpretation of Environmental Tort Cases stipulates that the infringer proves that there is a correlation between pollutants and the result of damage,and the theoretical circle proves that there is a dispute between the inversion of liability or the presumption of causation,and the article discusses the meaning of the two,and holds that the existing law and judicial interpretation provide for the presumption of causation.Causality is causal in the establishment of liability causation and the scope of responsibility causation,the existence of the plaintiff’s "relevance" proof elements is to prove that the responsibility is established causality,which is the greatest link between correlation and causation.The judicial interpretation does not provide for the standard of proof of relevance and the method of proof,and the article analyzes the proof standard and proof method of causation,and discusses the application of the methods of presumption of fact,superior evidence,indirect counter-evidence,epidemic proof and so on in the rules of the plaintiff’s correlation proof.According to the classification of scientific cognitive difficulty,this paper divides environmental infringement into common sense,scientific determination,scientific uncertainty environmental infringement,in common sense and scientific determination of environmental infringement,causality can be determined by common sense or scientific means,at this time,"relevance" proves to be equivalent to causality proof,scientific uncertainty case causation can not be determined by scientific means,at this time the plaintiff bears the necessity of correlated certification.At the same time,the whole space-time sequence of pollution pollution is disassembled into five basic facts,namely,the fact of pollutant discharge,the fact of pollutant transmission,the fact that the discharge of pollutants exists where the damage occurs,the fact that the receptor comes into contact with the pollutant,and the fact that the pollutant where the damage occurred actually caused the damage.Logically,there are two stages: one is the causal relationship between arrival,which solves the problem of whether the pollutants in the place where the damage occurred is the same source as the pollutants emitted by the polluter,the other is the causal relationship of the harm,and the other is the problem of whether the damage of the infringer is caused by the pollutants of the place where the damage occurred.Both phases are designed to prove that responsibility is causal.