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Environmental tort litigation proof of a causal relationship

Author: ChenQiGao
Tutor: LiHao
School: Nanjing Normal University
Course: Legal
Keywords: Environmental tort litigation Causality proof Causality presumption The burden of inverted
CLC: D922.68;D923
Type: Master's thesis
Year: 2011
Downloads: 115
Quote: 0
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Abstract


Environmental tort litigation is different from general civil litigation, which has its own particularity, environmental tort litigation of causality proof is a problem, research on this problem is clear, to protect the legal rights of parties and perfect the legal system has important significance.This paper quotes outside except the first part of the mainly introduced environment tort litigation and its characteristics, analyzed the environmental tort litigation causal relationship problems.Due to the particularity of environmental tort, cause environmental infringement cases in the cognizance of causality is extremely complex, the traditional causality theory difficult to adapt to the need of environmental tort compensation, forcing the academic field and practice field to find new causality theory to solve environmental tort of causality cognizance question.The second part is overseas are introduced to solve the victim causal relationship between several legal doctrine, including the fact itself proof theory, superiority evidence that, fact presumption said, epidemic learn causality, indirect, and proves said about the environmental tort litigation of foreign causality proof of several regulations made some analysis and evaluation.These environmental tort causality theories have different features, but they also has many similarities, they are all in a fair and justice is the main value orientation and causality presumption principle as the foundation, and paying attention to ease the burden of proof, the low probability for criteria, properly reduce the causal relationship between standards of proof.This paper introduced the third part is how the provisions of the law of China’s environmental infringement litigation of causality proof, including the environmental protection law and the provisions of the civil law, the new evidence provisions of the tort liability law of the onus probandi, and to present in juridical practice how to solve the environmental tort litigation of causality proof made some introduction.Our country in recent times of infringing ACTS causality research has made great progress in causality,:causality has gradually become a causal relationship between the basic theories; cognizance In the allocation of the burden, break traditional by the victim proof infringer existence fault distribution principle, implements the onus probandi.This epilogue part in analysis, the author hope to reference various causality of the doctrine of basis, in combination with the practice of our country, the environment infringement causality presumption related system consummation put forward some advice.

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