Study On The Civil Remedy Mechanism For Indoor Fitment Pollution

Nowadays, since family fitment, the indoor environmental pollution has become a serious problem, injuring residents' life healthy rights, property rights and environmental rights. From the point of environmental law, indoor fitment pollution is a kind of special environmental pollution. Chinese legislation on the problem focuses on the environmental standards enacted by various departments, lacking legal liability. In judicial practice, the judge of courts can't show out the principle of justice, failing to effectively protect the legal rights and interests of victims. The existing problems affect the remedy of indoor fitment pollution. Therefore, the more detailed civil remedy mechanism must be designed in existing legal frame. By this mechanism, victims can choose to charge trespassers with the liability for tort or the liability for breach of contract.In the category of the liability for tort, according to different requisites to constitute civil responsibility, persons who torture other's rights should undertake the liability for product or environmental pollution. For the above two liabilities for tort, we should give consideration to both facts and law when we account on the amount of compensation. The compensation methods need to be socialized. Besides, the spiritual compensation of damages should be established in environmental law to realize justice. In the category of the liability for breach of contract, on the basis of theoretical knowledge of contract law, we make clear that the nature of family fit-up contract is the contract for work. In the contract for work, the maker assumes the liability for warranty against defect. The item of environmental quality contract can not be found in the existing fitment contract. Both parties should sign an unattached, explicit contract in order to make the duties and rights clear.