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The First National Pollution Case Analysis Of Civil Liability

Posted on:2013-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:H QuanFull Text:PDF
GTID:2246330395461297Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the rapid economic development of our country, the people’s material living standards continue to improve, not only the pursuit of living space to reach a certain standard, and the increasing demands of the living environment, gradually pursuit of a luxurious, comfortable environment.Decoration industry has always been the construction industry last beautician "reputation, has become the hottest new gold mine. Attendant, interior decoration pollution problem also will stand out, which is not only causing huge economic losses to the owners, more seriously affect people’s health. In recent years, more and more newly renovated house owners encounter to indoor pollutants such as excessive, which caused the problems are endless. Many consumers reaction in this regard appears difficult to find formal decoration company live security the bedroom difficult and problems to solve disputes difficult and embarrassing position.Home decoration pollution due responsibility in academia a variety of claims, but so far still no only conclusion-for example, the theory of tort liability’, liability’for breach of learning, there are competing and ring mass tort doctrine in tort liability doctrine and territory tort doctrine as well as the two competing doctrines, in these theories, I think that not a single one of those doctrines, so too one-sided, I said more with competing. Improper decoration in the home, resulting in civil disputes,I believe that, in order to better achieve their legitimate rights and interests of consumers proceedings in accordance with this order, that is, first select the environmental tort litigation, if you can not achieve the purpose of the tort litigation, product quality and processing select the first two lawsuits to the case can not reach petitioned the breach of contract lawsuit.This paper first describes the facts of the case, the plaintiff and the defendant argued and the court hearing that the content, the focus of the controversy of the case on this basis, analysis, qualitative, a critical analysis of the legal responsibility. Subsequently, the focus of controversy from the legal analysis, comparison, induction summarizes the existing research results of experts made their views. Finally, this paper studies the the our home decoration pollution, legislative and judicial, focusing on the resulting responsibility’, how to carry out the legal remedies of attempt to constantly improve the gaps, summarized according to the understanding of the facts of the case and the higher incidence of problems, serious study to generate their own insights, in order to facilitate the maintenance of the protection of the interests of consumers, to reduce and avoid morehome decoration pollution caused by contradictions and disputes.
Keywords/Search Tags:Family decorate, Family fitment pollution, Legal responsibility, Legal remedy
PDF Full Text Request
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