Study On The Causality Of Tort Liability In The Case Of Decoration Pollution

With industry development of our country and speeding up of urbanization process, people's living standard has been improving. House decoration has been a kind of fashion today, however, many of environmental contamination accidents occur with it, especially indoor pollution caused by house decoration which has been a hot concerned problem in recent years, hence the solution of environmental contamination disputes is urgent increasingly. Such lawsuits of inner decoration contamination often can't be settled in short time for its complexity of the infringement acts, high level hazards and difficult proof causation. Victim's legal rights thus cannot be protected efficiently. The key and difficulty to solve such problems lies in the causation assertion. This thesis studies on the causation assertion of tort cases due to environment contamination through the legal analysis of the Mrs. Liu v. Amway case.The thesis describes the analysis of causation relations, theories home and abroad, law's application in China, and discusses several special rules of contamination law different from normal civil laws on environmental torts such as no-fault responsibility, constitutive requirements not in necessity of illegality and so on, accordingly makes a conclusion that the solution of environmental torts need adopt no-fault responsibility principle and the presumption of causation. This has very important practical significance on protection of victims' appropriate rights.The first chapter of the thesis briefly introduces the case details and its inquisition situation. The second one mainly analyses the arguing focus point of the case, using the knowledge of chemistry to describe the hazards of contamination to human body, and a further analysis is on the application of responsibility imputation and the rationality of causation assertion. The third one is mainly about the thinking and suggestions on the case, discussing the ways how to prevent and reduce the hazards to human body caused by indoor environmental pollution. According to the current legislative situation I raise some legislative proposals to further complete the legal system, so as to protect victims' interests caused by indoor environmental contamination effectively. The last one briefly generalizes the viewpoint of the whole thesis to the end.