Study On The System Of Compensation For Mental Damage In Environmental Torts

The environment,as the material basis for human existence,has the dual attributes of economic value and ecological value.On the one hand,it provides material necessary for production and life,and on the other hand,the environment can meet the values of human aesthetics,recreation,and culture demand.The change of the environment,especially the change of the human environment,will have a certain impact on the central subject of mankind.The subjective position of mankind makes mankind have an inalienable right to the environment.This kind of environmental rights and interests is rich in connotation,and it is a collection of multiple environmental interests.Many scholars have summarized them as environmental rights.China has not yet determined environmental rights at the legislative level,but many countries outside the country require citizens to enjoy environmental rights and write them.Into the constitution,for example,states in the United States provide for environmental rights through jurisprudence.Environmental rights,as a kind of rights bundle,have advantages and disadvantages.On the one hand,they can cover many new and diversified environmental benefits,but on the other hand,because the content of environmental rights is too general,each individual environmental interest claim cannot be obtained good protection,so new mechanisms must be explored to solve this dilemma.With the improvement of material living conditions and the continuous improvement of human needs,human needs for the environment not onlystay at the level of economic value,in other words,human beings are no longer limited to the state of existence,the inheritress of personality rights and the concept of human ethical values.Fundamental changes have also taken place,and new types of personality interests have emerged,such as environmental personality interests.Environmental personality rights refer to the right of human beings to survive and develop in a good and suitable environment,and even the continuation of the times.People and the environment coexist in harmony and conflict.Against the background of President Xi’s vigorously advocating the construction of a prosperous,strong,democratic,civilized,harmonious,and beautiful socialist country,protecting the interests of the environmental personality has an insignificant role.At present,although environmental pollution problems have been solved and control,but in environmental torts,citizens’ distress is caused by the decline in the quality of environmental quality,and violations of citizens’ environmental personality rights and interests occur from time to time.Traditional law has played a certain role in protecting the rights and interests of personality.However,in the face of the new type of environmental personality and rights that need to be protected,they cannot help.But there are also many cases of environmental tort in real life without judicial relief.The content of this article is mainly divided into three parts: introduction,main text and conclusion.The main text is completed by three chapters:The first chapter is an overview of the compensation system for environmental damages.First of all,the basic connotation of environmental personality interest is explored.By tracing the origin of the concept of personality right and historical evolution,the intentional environmental personality interest is the inevitable meaning of the renewal and development of the traditional personality right system.Secondly,it analyzes the entitlement basis of environmental personality interests,and explains the necessity and rationality of entitlement of environmental personality interests,so as to lay the theoretical foundation of this paper.The second chapter mainly analyzes the problems and reasons of the environmental tort compensation system.Firstly,it writes the problems existing in the legislation and judicial practice of compensation for environmental tort mentaldamage.Secondly,it analyzes the reasons for the problems and lays the foundation for the follow-up legal improvement.The third chapter is the perfect way of the environmental tort compensation system.Divided into two sections,based on the obligation of tolerance in the field of environmental law,from the legislative and judicial aspects of improving the protection of environmental personality interests,we put forward comprehensive suggestions for the compensation of moral damages to environmental torts in China.Legal system for protection of personal interests.