环境侵权诉讼证明标准研究环境与资源保护法学专业论文.docxVIP

重庆大学硕士学位论文英文摘要 重庆大学硕士学位论文 英文摘要 PAGE PAGE IV ABSTRACT With the increasing environmental pollution and damage, due to environmental pollution resulting from infringement become a major social problem. Increasing environmental tort litigation requires us to infringement of the causal relationship between the environment accurately identify and define the environment in order to pursue infringers in civil and even criminal liability. Elements in tort liability, the causal relationship be determined whether the tort liability the establishment of the primary factors. Especially with the diversity of the Responsibility principle, the principle of fault liability and even weaken the role of the demise of causation was established almost a tort whether or not the absolute elements. To accurately define the environmental tort causation, would have to involve discussions of environmental tort standard of proof. The present writer, after substantial comparative studies and in-field investigation, finds that the resolution lies in the procedural law domain, namely, the solution to the problem is obtainable through explorations into the civil procedural proof standard. But the researches on the standard of proof are just at the initial stage, and relevant theories are unsystematic and shallow. Efforts have been directed to the introduction to the research results about Anglo-Saxon law system, while research about the basics theories on the civil procedural proof standard of the continental law is rather weak. It is believed that relevant studies should be based on the research fruits of the countries of continental law such as Germany and Japan, and the pilot research orientations, associated with the misunderstanding s and disadvantages in our civil procedural proof standard theories and legislation so as to start studies in this area, and finally provide our pollution lawsuit trial legislation and law application with theoretical basis. This article will give a systematic d