The Innovation Research on Validation of Causation in Environmental Tort
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    Abstract:

    Owing to the particularity of environmental tort, it is very difficult to deduce the causation of environmental tort. So the use of probability, epidemiology and empirical rules in validation of causation is benefit for the protection of victims and realizing the value of justice of the law. But all of these theories have their defects, such as these theories’s applicable scope is quite narrow, the high requirement of judges, needs the legal precedent to support and so on. We should build “a horizontal and a vertical” type which contains a variety of standards and methods of the rule of validation system of causation about environment tort. In this system, we should make the justice, order and efficiency as the main value of the pursuit for the rule of validation, take the correspondious causality as the foundation, take the causality presumption as the basic principle, and follows the lower probability standard of proof.

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宋宗宇.环境侵权因果关系判断标准的理论歧向与体系建构[J].重庆大学学报社会科学版,2009,15(1):91~95

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