Discussion on Criterion of Proving Causation in Environmental Tort
LI Ya-wang
Abstract
LI Ya-wang
Abstract
It is difficult to cognize the causation in environmental tort action because objective reality is emphasized in traditional criterion.In China foreign theory of causation presumption should be referred to improve causation institution related to civil responsibility of environmental torts,correlative presumption method should be selected based on different types of environmental tort,besides independent scientific identification organizations and database systems be constructed.
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It is difficult to cognize the causation in environmental tort action because objective reality is emphasized in traditional criterion.In China foreign theory of causation presumption should be referred to improve causation institution related to civil responsibility of environmental torts,correlative presumption method should be selected based on different types of environmental tort,besides independent scientific identification organizations and database systems be constructed.
Key concepts: Presumption, Causation, Tort, Action (physics), Epistemology, Identification (biology), Modal, Law and economics