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Since the environmental pollution may cause injury to people who lived in the polluted geographic area, it would be a serious issue in modern society. Hence, this thesis intended to focus on the civil litigation of environmental torts in Taiwan. This research had conducted an analysis upon the current cases in Taiwan, and emphasized the judgment on RCA Pollution Case and the Tainan An-Shuen Pollution Case. This thesis discussed the various legal issues throughout the whole litigation, including the issues of liability, the amount of relief, the restrictive prescription and different paths to initiate the action. The cases showed that the claims varied from the scales of the pollution. The claims of personal injury often be founded in mass torts, while the small size pollution torts often claimed for property damage only. Furthermore, the judgments in different cases showed disagreements on common issues, such as the way to determinate causation or the amount of damage. This thesis concluded that the courts should determinate the amount of damage in an explicit way with formula or statistical evidence, and determinate the damage with aggregate assessment under the Article 44-1 of Code of Civil Procedure. In respect of the characteristics of complexity of environmental torts, such as the difficulties of proof, or latent disease caused by pollution, restrictive prescription should be extended in the Environmental Law for mass environmental torts.
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