论环境侵权中的因果关系推定

由于环境侵权的特殊性，适用传统理论认定其因果关系困难重重。为此，国外发展出优势证据说等因果关系推定学说，我国现行法并未规定因果关系推定，司法实践中各地做法不一，但也出现了创造性适用因果关系推定理论的案例。为终结同案不同判的现状，我国应当在立法上对因果关系推定做出原则性规定，并通过最高人民法院颁布案例指导的方式，帮助法官灵活适用因果关系推定理论，以期在环境侵权个案中达成公平正义的判决。

On Causality Presumption of Environmental Tort

Due to the particularity of environmental tort, it is very difficulty to find its causality by applying the traditional theory. Therefore, other countries developed doctrines of causality presumption such as doctrine of preponderance of evidence. China＇s current law does not provide causality presumption, and in judicial practices, the ways adopted by different places are different, but there also have been cases to which theory of causality presumption is applied creatively. In order to end the status quo that the same case has different judgments in different courts, China should give principle-based provisions for causality presumption in legislation and help the judge apply theory of causality presumption flexibly through promulgation of case guidance by the Supreme People＇s Court of the People＇s Republic of China so as to achieve fair and just judgments in environmental tort cases.