The Electromagnetic Radiation Research On Damage In Civil Tort

Electromagnetic Radiation is defined as pollution and therefore restricted in Clause-66 of The Environment Protection Law of People’s Republic of China. Citizen are becoming more and more sensitive to those Electromagnetic Radiation carried out by and along with the development of High-Volt electric lines, high speed railway and maglev train in recent years.The study of Electromagnetic Radiation, especial corresponding research in environment law science is just at its beginning. Due to specialization of relevant knowledge of Electromagnetic Science and Medical Science as well as the lack of research materials thereon, the concept, pre-conditions, causation of the damages and adverse effect on human beings by Electromagnetic Radiation has not been generally agreed or clearly defined.While there is an urgent and ongoing need from the law practice, Judges and lawyers, to clarify whether Electromagnetic Radiation is a hazard to human health and if so the method by which it works and the prevention measures to be taken. Ex National Environment Protection Bureau gave an interpretation to the statutory conditions of Compensation Liabilities of Environment Pollution in its "Answer to the Relevant Questions on Determining the Compensation Liabilities of Environment Pollution". The Bureau stated that according to the applied law and regulation default or whether the emission of polluted materials exceeds the national standard shall not be deemed as a condition in law on determining the liabilities of a polluter. Therefore, this principle is commonly accepted by law practice. Thus some scholar and legal workers have brought a challenge to the principle that if the national standard is a standard of emission other than a safe standard, then this national standard shall be only deemed as a chart of charges for emission and could do nothing good in determining the tort of environment pollution. International Research on Electromagnetic Radiation (a corresponding word "EMF" is more frequently used in International study) began tens of years ago. According to the newly approved conclusion by WHO, there is no substantial issues to show the causation between adverse health effect and low level of ELF EMF which could be commonly reached by citizens. Some domestic scholar added WHO’s conclusion can be understood that the causal chance that Electromagnetic Radiation may cause adverse health effect has not been excluded. These comments make it more complicated to draw a conclusion of causation, the burden of proof and reasonable standard of prevention.It is my personal opinion that the rise of above-mentioned questions comes from not only the specification of Electromagnetic Radiation but also the unbalance of information and misunderstanding by the translation of articles in foreign languages. Therefore, the purpose of this article can be concluded as follows,1. Give reader a general picture the newly approved international conclusion with authorities on whether EMF may cause adverse health effect on human being.2. Try to clarify the edgy of Exposure Limit and Pre-cautions.3. Give reader some case information in connection with the damages and causal relationship of EMF injury and damages outside China. To fulfil] the task mentioned above this article is prepared in five sections. Section-1 is about the rise of issue. Section-2 gives medical research achievement on EMF cases. Section-3 talks about the setting of Exposure Limit. Section-4 tries to clarify the category and causation of EMF case. And Section-5 gives conclusions and suggestions on establishment of legal protection system on EMF case. Among these five sections, Section Two give the necessary knowledge preparation for reading this article and Section Three, Section Four take the most significant role in the expressing of this article.