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我国环境侵权诉讼中往往难以认定侵权行为和损害结果之间的因果关系。即使有些案件能通过一些技术认定,各地个案对受害人的损失赔偿金额也相差甚远。许多学者主张在诉讼中确立因果关系推定。但因果关系推定本身又分为事实上的因果关系推定和法律上的因果关系推定两类,多数学者对推定的内涵和我国应该选择的推定类型模棱两可。文章借鉴法经济学的相关理论,为环境侵权诉讼因果关系的推定寻找理论依据。
It is often difficult to identify the causal relationship between infringement and damage in our environmental infringement litigation. Even though some cases can be identified through some techniques, the amount of compensation for damages suffered by victims in each case is far different. Many scholars advocate establishing presumption of causality in litigation. However, the presumption of causation is divided into de facto causal relationship presumption and legal presumption of causation. Most scholars are ambiguous about the connotation of presumption and the type of presumption that China should choose. The article draws on the relevant theory of law and economics, to find the theoretical basis for the presumption of causality in environmental infringement litigation.