Investigation Of Causality Of Polluting Environmental Crimes

Chinese jurisprudence as well as legal experts and scholars from different eras and countries have deeply discussed environmental crimes from the perspective of different legal systems based on different sciences.Different types of criminal causation doctrines were established,such as the conditional law doctrine,the doctrine of appropriate relation and the doctrine of proximate cause,which have become important reference points for criminal law in different eras.However,with the constant development of science and technology,various criminal means and methods are constantly destroying people’s knowledge of scientific developments.Environmental crimes like pollution are a product of modern industry,and the specificity of the means,the concealment of the means,and the concealment of harmful effects make it very difficult to trace pollution and identify causal factors.The peculiarities of the causal nature of environmental behavior also make the application of traditional theories of proof of causation in practice problematic,as plaintiffs often lack sufficient evidence to prove causation.Many environmental pollution crimes are not criminally punishable due to the inability to establish causation,which leads to an influx of potential environmental crimes and prevents the law from effectively combating environmental crimes.Against this background,the introduction of the theory of presumption of causation to prove the causality of environmental crimes is an attempt to make a new breakthrough.Inference tools such as the epidemiological（epidemiological）theory of causality and the indirect theory of presumption have been widely used in Chinese jurisprudence one after the other,each with its own characteristics and shortcomings.The presumption of causation theory seamlessly links these two strands by,on the one hand,corroborating the basic facts of the case through ‘convincing’ forms of evidence in epidemiological causation and providing objective rationality to the reasons for the judgment.On the other hand,the civil burden of proof element of circumstantial evidence is supplemented by a reduced right of the plaintiff to provide rebuttal evidence to the defense in cases where proof is difficult,thus maximizing the plaintiff’s right to a defense.Therefore,a rational approach is needed to address the problem of establishing causation in pollution-type environmental crimes.At the same time,new breakthroughs should be sought in determining how to adjudicate pollution-type environmental crimes in China while adhering to principles.At the same time,it is important to combine law and technology and bring them up to date...