2009•Journal of China University of Geosciences(Social Sciences Edition)Requires access

Review of the Theory of Causation Presumption in Environmental Tort

Wang She-kun

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Abstract

Because of the complexity and uncertainty of causation, causation presumption was introduced in the environmental tort action.When the relationship between the causation presumption and the burden of proof is analyzed,two factors should be considered: the object of proof and the legal status of causation presumption.In China causation presumption belongs to practical presumption rather than statutory presumption,and the rules of the causation of environmental tort are not presumption rules,but rules of the burden of proof.

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Because of the complexity and uncertainty of causation, causation presumption was introduced in the environmental tort action.When the relationship between the causation presumption and the burden of proof is analyzed,two factors should be considered: the object of proof and the legal status of causation presumption.In China causation presumption belongs to practical presumption rather than statutory presumption,and the rules of the causation of environmental tort are not presumption rules,but rules of the burden of proof.

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Available abstract

Because of the complexity and uncertainty of causation, causation presumption was introduced in the environmental tort action.When the relationship between the causation presumption and the burden of proof is analyzed,two factors should be considered: the object of proof and the legal status of causation presumption.In China causation presumption belongs to practical presumption rather than statutory presumption,and the rules of the causation of environmental tort are not presumption rules,but rules of the burden of proof.

Key concepts: Presumption, Causation, Burden of proof, Tort, Statutory law, Law and economics, Law, Political science

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