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The Discussion of Presumption of Causal Relationship

Author: JiangBingQiang
Tutor: LiAiNian
School: Hunan Normal University
Course: Legal
Keywords: Environmental tort Causation presumption The burden of proof is inverted
CLC: D925
Type: Master's thesis
Year: 2011
Downloads: 94
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Abstract

Environmental tort litigation in the causation presumption upside down with the burden of proof is different types of legal norms . Causation presumption for a certain table , see the fact that the damage occurred , that the presumption of damage and the fact that a causal relationship exists , the victim no longer need to prove causality , you can see the facts on the table behavior to claim damages , the defendant only cite out to disprove prove that the damage has nothing to do with the fact that , in order to Disclaimer . It belongs to standardize the method of proof . The burden of proof is inverted refers to the facts of the case who should provide evidence to prove it , as well as the end of the action , if the environmental infringement cases remains unknown authenticity , and who should bear the losing or adverse environmental tort litigation litigation consequences . Part of the burden of proof specification . Although environmental tort litigation , both the starting point of the method of proof is the protection of victims , prevention of environmental pollution , but the difference between the two is obvious . Overall , the causation presumption that defects supplemental to the legal elements of the Burden of Proof classification , and the burden of proof inversion is said that the departure from the legal elements of classification . Existing laws in environmental tort litigation , the burden of proof in an inverted system , but the single Juzhengdaozhi is unable to meet the needs of an increasingly complex environmental infringement cases , and makes the system due to legal provisions that the system itself rather ambiguous operability is not strong , resulting in judicial practice the many mechanized apply and misuse the situation is not conducive to the protection of the legitimate rights and interests of the plaintiff , at the same time is not conducive to the normal development of the enterprise . To this end, we must boldly adopt causation presumption actively learn from foreign cover probability doctrine , immunology causal said , indirectly disprove say and no causal relationship with said other theories , general environmental tort litigation implement causation presumption , in particular , the defendant serious infringement environmental infringement cases in the inversion of the burden of proof . Two proof methods combined , give full play to the discretion of the judge , continues to meet the increasingly complex environmental infringement cases need to ensure social fairness and justice .

The Discussion of Presumption of Causal Relationship

Abstract

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