疫学因果关系理论在公害犯罪认定中的运用

Abstract

The safety of survival has been badly endangered by the environmental quality caused by human being activities. With the rapid development of social material wealth, our country is suffered from the conflict of environmental pollution, which sets limits on the further development of our country in turn. The causality in environment tort means the actions cause environment pollution or destruction and the separate, de facto cause and effect affiliation occurred among the damage that suffered by the specifically victims. The Environment tort case has the character of chronicity, latency, complexity and universality, which decide the abnormal difficulty in determination of causality in environment tort. The conventional causality theory can’t meet the demands of the damage compensation in Environment tort, so we have to find the new causality theory to support. Epidemiological causal theory is very useful in identifying the causal relations between conducts and damages in epidemiological environmental tort cases, but we haven’t developed detailed theories and methods for identifying legal causation of this kind of environmental tort. There are different opinions on whether the theory is contrary to the proof standard in China’s criminal justice. In order to solve the problem of public hazard, we shall have a better understanding of the epidemiological causation theory as well as the criminal procedure law, and to perfect and development relevant system.