Interior Decoration Pollution Tort Compensation System Research

In recent years, the indoor environmental pollution caused by decoration occurred frequently, consumers suffer a lot of pain. The indoor decoration pollution seriously violated the resident's right to life, health, property, the increasing decoration disputes make decoration pollution has become a hot issue that people concerned.This paper consists of 5 chapters:Chapter one is general introduction, as the opening badge, the first chapter mainly introduces the background, the purpose and significance of selecting the topic, the research contents and methods, and the general situation of domestic and foreign. Chapter two is the overview of interior decoration pollution, mainly analyzed the concept, characteristics, classification and harm of indoor decoration pollution. Chapter three from infringement angle, according to the basic principles of tort liability and the different tort requisites to constitute civil responsibility in the specific case of decoration pollution, the infringer bears product liabilities or environment tort liability, combining with the actual situation of decoration pollution in real life to make a specific responsibility analysis. Chapter four, firstly list the related laws and regulations of interior decoration pollution tort compensation in our country; secondly summary the basic problems that exist in the interior decoration pollution tort damages, these problems mainly displays for:interior decoration pollution tort compensation legislation system are not perfect and lack of maneuverability, the environmental standards decreed by departments have defects, interior decoration pollution environmental tort responsibility identification has difficulties, the current compensation principle leads to low compensation amount, the application rate of mental damage compensation is low, lack of social relief measures, etc. This series of problems not only lead to the victim's legal rights cannot get fully relief, but also not well reflect the fairness and justice principles that the law advocates. Chapter five, in the view of the problems that refer to in chapter four, puts forward concrete measures for perfecting. These measures mainly include: first, to perfect the current legislation system, security barriers for indoor decoration pollution; two, perfect decoration pollution tort responsibility identification, contains two aspects: applicable causality presumption and definite decorate pollution tort liability recognized standard; three, to strengthen the application of spiritual damage compensation; four, introduce the punitive damage; five, realize the socialization of established for damages, decorate pollution liability insurance system and indoor environment pollution compensation.