环境污染损害认定确实是个难题,借鉴国外的“盖然性”因果关系理论,被害人只需证明侵害行为引起的损害可能性达到一定程度,或证明如果没有该行为就不会发生该结果的盖然性,便可推定因果关系。但如何真正地说服裁判者从内心认同,转变裁判思维,从律师角度来看,实践中需要更多坚持,积极收集证据,使证据达到证明因果关系的高度盖然。环境污染损害侵权是一种特殊侵权形式,侵权责任的认定虽然已有相关法律规定,但是规定过于原则,缺乏操作性。审判实践中往往过多依赖科学鉴定,过分苛求环境受害者的举证责任,举证责任的分配难以 Recognition of environmental pollution damage is indeed a problem, learn from foreign “causal ” causation theory, the victim only need to prove that the possibility of damage caused by infringement to a certain extent, or prove that without the behavior will not happen to cover the nature of the result, Can be presumptive causal relationship. However, how to really persuade the judges to change their mind from the inside and change the thinking of judges? From a lawyer’s point of view, more perseverance is needed in practice to actively collect evidence so that the evidence can reach the height of proving the causal relationship. Infringement of environmental pollution damage is a special form of infringement, though the cognizance of the tort liability has already been stipulated by relevant laws, it lays out too much principle and lacks operability. Judicial practice often rely too much on scientific appraisal, overly demanding the burden of proof of environmental victims, the burden of proof is difficult to distribute