生态环境侵权中的因果关系推定研究

On the Causation Presumption in the Tort of Ecological Environment

生态环境侵权,是人类活动所引起的生态破坏和环境污染、借助生态环境媒介对他人人身权和财产权所造成的损害。与一般侵权行为不同,生态环境侵权有其特殊性。为了应对这一问题,域外国家提出了诸多因果关系推定理论如盖然性说、疫学因果关系说和间接反正说,并且进行了相应的立法实践。我国对于生态环境侵权中因果关系推定制度,没有明确规定,而是以举证责任倒置制度来代替,但两者大有不同,实践中虽然有所尝试但并不成熟。因此,我国首先需要在立法上对因果关系推定制度予以规定,同时建立多级证明标准,对因果关系推定的适用条件加以限定以及对适用范围加以规范。

Ecological environment tort is the damage of other person and property caused by the help of media ecological environment, which based on ecological destruction and environmental pollution caused by human activities. It has been difficult for the traditional causality theory to explain the causation of the ecological environment infringement. In order to coping with the problems , many countries have proposed the theory of causation presumption and legislate. Many different methods of causality presumption mainly including probability said, epidemiology causality and indirect anyway have been produced, but each theory has its own advantages and disadvantages. At present, the causality presumption in ecological environment tort system is not specially legislated but replaced by establishing the system for burden of proof upside down in our country, which are quite different. Based on its status quo and existing obstacles for causality presumption, it should be established causality presumption provisions, a multi - level proof standard, and applicable conditions as well as the scope of specification of causality presumption by legislating in our country.