Causation Presumption in Environmental Tort Actions

The law provides causation presumption in environmental tort action because of the particularity of the causation in environmental tort liability.The causation presumption in environmental tort action is a rule that the judge presumes the causation between environmental tort and environmental damage from the known basic facts by law and allows the parties to present evidence to overturn.Its essence is to assign the burden of proof that proves the inexistence of causation to perpetrator directly.There are many ways for victims to prove the basic facts with only one standard,namely: it must reach highly probability.Perpetrator's refutation to basic facts is disproof,while his refutation to presumed facts is proof.Carrying out Causation presumption in environmental tort actions is significant to establish environmental tort actions system and substantive aflairs.