Analysis Of The Disputes Of Indoor Environment Pollution Damage

The past 20 years, with the rapid development of economy and society in China, the disputes which are resulted from environment problems have reached up to an unprecedented scale, no matter from the frequency or from the degree of complication, among them due to the interior decoration to environmental infringement is also common occurance. However, the Chinese legal practice is unmature in this field, usually different judges having different understanding and processing mode in such cases.Interior decoration pollution has the characteristics,such as dangerous, hidden, complicated, difficultly to prove the causal relationship, and so on.To enhance the protection to the victims, China's environmental protection regulations stipulated special rules which is different from ordinary civil tort in the environmental tort aspects, such as the burden of proof way, the tort liability constitutive didn't treat richtswitrig as a element and so on. These provisions have practical significance on the balance of interests between the parties,especially the victims' benefit protection.This article lists three typical cases, through conducting a detailed analysis to the verdict, exploring the legal principle of the rule, tort facts, causal relations, and based on opinions of experts and scholars at home and abroad, trying to preliminary explore out an interior suitable for China's national conditions of interior decoration pollution tort cases handling mechanismIn this paper, make the principle of law as a guide, with specific cases, the times, blaze new trails, discuss the environmental pollution tort properties, characteristics, imputation principle, burden and environmental pollution damage compensation law applies problems were discussed; roughly discusses about how to apply the environmental pollution liability for damages constitutive requirements, and investigated for victimizers' compensation liabilities.Looking forwards to the court in the judicial practice can make a fair decision, to protect tort victims of indoor pollution legal rights,to protect people's health and life safety.