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当前,环境问题日益突出,环境侵权案件逐年上升,其中,因果关系的认定对案件结果起着至关重要的作用。目前,在环境侵权诉讼方面,世界许多国家都通过立法或司法判例确立了因果关系推定原则。而现阶段,我国尚没有关于“因果关系推定”方面的立法规定,而在司法实践中,环境侵权因果关系的认定也存在许多问题,这些都导致我国因果关系认定方面的混乱,建立环境侵权因果关系推定制度尤为重要。
At present, environmental issues are becoming increasingly prominent, and cases of environmental infringement are increasing year by year. Among them, the determination of causation plays a crucial role in the outcome of the case. At present, in the field of environmental tort litigation, many countries in the world establish the principle of presumption of causation through legislation or judicial precedent. At the present stage, there is still no legislation on “presumption of causality” in our country. However, in the judicial practice, there are many problems in the determination of the causal relationship between environmental infringements. All of these lead to the confusion in the determination of causation in our country and the establishment of environment The presumption system of tort causation is especially important.