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The Research on the Problem of Causality in Environmental Tort

Author: SunMan
Tutor: HouXueMei
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: Environmental tort Causality Causation presumption Criteria
CLC: D912.6
Type: Master's thesis
Year: 2010
Downloads: 104
Quote: 0
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Abstract


As China 's economic development, because the problem of environmental pollution caused by industrialization and further aggravated the environmental pollution caused by infringement of an impact on social development in China a big problem. Infringement proceedings in the environment , so that timely and effective relief of victims is essential , and environmental tort in respect of causation determination is the key to solve the damages , but because of the particularity of environmental tort causation make it difficult to pass traditional prove causality , but also the most difficult to overcome environmental tort and solve problems . In view of this , many countries in the environmental infringement cases started to break the shackles of traditional causation evidence , theories of causation to be adjusted to accommodate changes in the new situation , in this case \victim protection efforts . This paper analyzes the environmental pollution and infringement connotation and characteristics , and secondly on the general civil law tort causation analysis of environmental tort to define the connotation of causation and causal relationship with the general tort compared distinction. The third part of the common law and civil law combined with the characteristics of in-depth study of different legal systems of the causal relationship between the classification and criteria for judging the existing differences and combine these differences in different countries, environmental tort causality criteria for re- analysis comb, analyzing different environmental tort causation criteria generation and defects . Finally, the paper on China 's environmental tort causation Legislation and judicial problems to sort , combined with the first part of the environment in different countries for the theory of tort causation analysis , based on China's national conditions , to determine the causal relationship between environmental tort determine the basic principles distinguish between different types of cases and causality criteria the basic method.

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