Research On Legal Issues Of Mental Damage Compensation In Environmental Noise Tort

At present,the environmental noise problem in our country is getting more and more serious.However,based on the author’s investigation of the trial results in judicial practice,it is found that many citizens’ rights and interests are not protected.This article is based on the investigation of judicial practice of environmental noise infringement and mental damage compensation cases,using "noise infringement,mental damage" as a keyword to search,and statistics and analysis of the controversial legal issues presented in the retrieved 103 judgments.Put forward the current controversial issues in the environmental noise infringement mental damage compensation case,analyze the status quo of my country’s judicial practice and the academic viewpoints,and propose the settlement of disputes on the basis of clarifying the concepts of environmental tort mental damage and environmental noise infringement mental damage Suggestions for perfection.The writing content of this article includes the following four parts:First,describe the research background,literature review,writing content and research significance.Then,conduct a statistical analysis of the sample judgments,and summarize the problems from empirical cases.This section focuses on environmental noise infringements,damage results,and causality,and through empirical analysis of 103 sample judgments,the dilemma of solving environmental noise infringement disputes in current judicial practice is proposed:the application of mental damage compensation The imputation principle is not clear,the specificity of environmental noise infringement is not considered,the determination of the result of mental damage is difficult,the scope of the damage fact is too small,and the causality is difficult to prove.Then,analyze the reasons for the dilemma from the perspective of Legal Regulations.Next,clarify the theoretical basis of spiritual damage in environmental tort and Environmental Noise Infringement in my country,and explain the meaning of spiritual damage in environmental tort,the meaning and characteristics of environmental tort spiritual damage,and the characteristics of noise pollution and noise pollution tort spiritual damage.The article puts forward relevant suggestions as a theoretical basis.Finally,based on my country’s national conditions and the actual conditions of judicial trials,and by drawing on the German "Noise Technical Guidelines",Japanese scholars’ views on the obligation of tolerance,and the US’s "Noise Control Law",and proposed laws that are controversial in practice.The solution to the problem.Adopting the principle of no-fault liability in the legal system is more in line with the concept of fairness and justice,and at the same time has a broader meaning in compensation for mental damage;the "duty of tolerance" in the neighboring relationship is used to resolve "legal" torts In the case of noise pollution mental damage,the scope of identification of the damage result should be expanded.In the proof of the damage result,the judicial authority can presume that the damage result exists under certain conditions;in the proof of causality,the burden of proof is inverted,which is in line with efficiency and fairness.in principle.