因果關(guān)系推定的理論及適用研究——以環(huán)境侵權(quán)損害賠償為視角.pdf

1、煙臺大學(xué)碩士學(xué)位論文因果關(guān)系推定的理論及適用研究--以環(huán)境侵權(quán)損害賠償為視角姓名：謝勇申請學(xué)位級別：碩士專業(yè)：環(huán)境與資源保護(hù)法學(xué)指導(dǎo)教師：金福海2011-03-12IIAbstract Abstract With the continuous advance of industrialization and industrial development, China's environmental pollution tort

2、 events present increasing trend。 but the environment tort has a high-tech nature of infringement, latent, cumulative, and many other characteristics，it is often difficult for the victims to prove the exist of causality

3、to obtain compensation through litigation procedure。In order to make up the defect of traditional causality theory, in Japan, European and even developed countries such as Britain and America, all sorts of theories on lo

4、wer causality standards of proof theory arises at the historic moment and is confirmed in judicial practice, some were adopted by the present legislation，such as causation presumption and the inversion of the burden of p

5、roof。Causation presumption has become an important characteristic of environmental tort litigation。However our country's basic theory on causality presumption is relatively weak, it mainly introduces the theories of

6、other countries concerned。Due to the insufficiency of the research on the application for judicial and the poor accumulated experience in judicial practice, the court is more conservative in applicable law in environment

7、al tort cases。It is not enough to protect the victims 。 Therefore, the research on judicial application of causality presumption is to be strengthened。This article attempts to comb various theories on causality presumpti

8、on，grasp the basic connotation and we wish to give references for legislative and judicial practice through the analysis of judicial application。 This article is divided into three parts: The first part discusses the fu

9、nctional value of causation presumption in environmental tort damages。Causation presumption play an important role between the harmony internal system of tort law and the balance of social fairness and justice through th

10、e status of causation presumption in the entire system of tort damages。We try to tease out the regularity through the analysis of trends and characteristics of Causal theory of the development process。This section discus

11、ses the connotation of causality presumption on environmental tort and clarify its basic meaning through the comparison with relevant concepts such as fault-presuming and the inversion of the burden of proof。We describe