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Liable in Tort of the Indoor Environmental Pollution

Author: ChenZuo
Tutor: WangGan
School: Huazhong University of Science and Technology
Course: Legal
Keywords: the indoor environmental pollution environmental tort burden of proof no-fault liability the spiritual compensation of damages environmental tort remedy
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 163
Quote: 0
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In China, there are many related rules on environmental issues in“Environmental Law”. But most of those rules focused on the global environmental pollution cases, especially targeted on the outdoor environmental pollution. In modern society, with a rapid development of economic, the type of the environmental pollution has been changed, from outdoor to indoor. The pollutions of indoor environment are worse than the outdoor environment. The sources of the indoor environmental pollution are variety, such as defects of furniture, appliance,the materials of decoration . Many diseases could be caused by those pollution sources. Based on this consideration, the indoor environmental pollution ,as a special environmental pollution, seriously affecting people’s personal rights, property rights and environmental rights. In China, there is not a specific law for the indoor environmental pollutions .The related laws about how to deal with the indoor environmental pollutions were too general to solve the problems. It also causes the victims loss their deserved rights. This paper focuses on those issues, trying to use tort principles to build a reasonable framework to solve the problems which causing by the lacking of the legislation of indoor environmental pollution. By the analyzing the elements of tort, we could easily reach the conclusion that environmental tort is better for the indoor environmental pollution cases. The environmental tort could give more protection in spiritual compensation damage, burden of proof ,Liability criterion,prescribed period for litigation. This paper studies these issues and put forward their own proposals.The main content of this paper can be summarized as follows :The first part of this paper is an overview of the basic concept of indoor environmental pollution. In this article, we will analyze the definition of the“environment”, in order to get a clear view that the concept of indoor environment is a part of the whole environment . The indoor environmental pollution is a special kind of environmental pollution which was necessarily to be protected. Through analyzing the status of legislative and judicial in our country, there are some legislation requirements to restrict the indoor environmental pollution and judicial practice on the indoor environmental pollution to make the response behavior, but all those things were still not enough for practical purposes. The second part of the indoor environmental pollution posed by the two main theoretical basis for tort liability were also discussed. The third part separately expatiate on the Constituent elements of the indoor environmental pollution and environmental tort infringement. Based on the analysis of both advantages and disadvantages of the Protection of the indoor environment pollution, we could safely get the conclusion that the indoor environment pollution tort liability has practical significance in certain circumstance. The fourth part discusses the responsibility of the indoor environmental pollution compensation, which based on those factors: liability criterion、burden of proof、calculation of the amount of compensation、remedies、the spiritual compensation of damages、civil remedy.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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