试论我国环境侵权因果关系的认定

On the Confirmation of the Causal Relation with Environmental Tort in China

环境侵权责任中的因果关系的认定,因其复杂性且国内的学说各异,我国相关的立法和司法的未完善,基于完善我国此领域立法和司法的目的,本文在评析国内外相关理论和司法实践的基础上,结合两个典型案例构建了我国环境侵权因果关系认定的理论体系和证明规则。

The confirmation of the causal relates with the responsibility of the environmental tort, because its complexity and the domestic theory on this field is different. China＇s relevant legislation and administration of justice have not been cornpleted. In order to improve the our country＇s legislating and administration of justice in this field, this text combines two typical case to construct its theoretical system and identification rule of the confirmation of the causal relation for the responsibility of the environmental tort. On the basis that analysis and evaluation of the domestic and international relevant theories as well as the justice practice.