环境侵权中的因果关系民商法专业论文.docxVIP

重庆大学硕士学位论文 英文摘要  PAGE 6 ABSTRACT Causation is the necessary condition in the forming of responsibility for tort since Roman law. However, until now we still have no objective criteria on which can we fairly judge the establishment or interruption of causation in fact and in law. Meanwhile owing to the characters of complexity and etc. of cases of environmental tort, it is extraordinary difficult to establish the causation in environmental tort. Because the traditional theories of causation have difficult in satisfying the need of compensation of environmental tort, so it is necessary for us to find a new theory to support the needs. There is still no considered judgment standard about causation of tort in world of scholarship although our study on causation of tort has achieved great progress in recent years. The paper attempts to establish a scientific rules system by which causation of environment tort can be verified through analyses the causation in environmental tort、 relevant theory and practice of other countries and the actual conditions of Chinas legislature and judiciary. The paper hope this research is benefit for solving our countrys environment problem、the achievement of the environmental policy?s goal and the protection of victims. The article divides into the following four parts besides the introduction: The first part has inspected the main theories of the causation of environment tort, and divided these theories into three categories including using the probability to recognize the causation, applying epidemiology to deduce the causation and judging the causation by the empirical rules for research. The theories which use the probability to recognize the causation mainly include preponderance of evidence and factual presumption theory. These theories insisted taking the evidence having high probability (i.e. surpassed 50% conditions) as the basis for the determination of causation. The theories which apply epidemiology to deduce the