An Study On The Tort Liability Of Indoor Environmental Pollution

In this article，the author studies infringements caused by indoor environmentalpollution.In the first，the author proves that indoor environment was fit for thedefinition of environment in the environmental law. Indoor environmental pollutiontort not only violates environmental pollution law but also violates product liabilitylaw. And further, indoor environmental pollution can also breach contracts. If weapply environmental pollution law, there are a lot of advantages than applying productliability law. So the author advises that in indoor environmental pollution cases, it isbetter to apply environmental pollution law than other laws. Then, the authorspecifically introduces the main components of environmental infringement and theremedies. In the end, the author studies on laws that are related to indoorenvironmental pollution, and then advises that a specific indoor environmental lawshould be established and punitive compensation should be adopted in our indoorenvironmental infringement.The paper is composed of five parts, and each part are concluded as follows:The first part contains the basic knowledge of indoor environmental pollution.First，the definition of indoor environmental pollution and the confine of it isintroduced, then, the specific types and their harms are talked. And then, thecharacters of indoor environmental pollution, which contains the main characters ofnormal environmental pollution and unique characters that normal environmentalpollution doesn’t have, are provided.In the second part, the author makes a specific analysis on what kind of tort can indoor environmental pollution be. Through analysis, indoor environmental pollutioncan incur three kinds of liabilities that are environmental pollution liability, productliability and contract breach liability. After comparison, the author thinks that toprotect people, the indoor environmental pollution in some aspects is better to beconfined as environmental infringement than to be confined as others.In the part three, the author studies what construct indoor environmentalpollution tort. The components of indoor environmental pollution comprise acts ofpollution, damages and causality. Firstly, non-fault liability principal should beapplied in environmental pollution infringement, and the author studies everycomponents of indoor environmental pollution tort, which contains acts of pollutions,damages and causation. Finally, the author studies what can be used by polluters torelieve or even elude punishment. the author points out that only when victims havefaults can polluters be relieved certain liability.Part four mainly contains the realization of indoor environmental pollutionliability and in this part, the author points out that removing nuisance and damagecompensation is the main tool which can be used in indoor environmental pollution.And through analysis, the author proves that removing nuisance apply to only a fewcases and damage compensation is the main form. Damage compensation includeshuman body injuries and property damage, and spiritual damage compensation iscomprised.And in the last part of this paper, the author first analyses our country lawsrelated on indoor environmental pollution and then, the author provides some advicesthat is to establish a special indoor environmental pollution law and punitivecompensation should be adopted in the protection of people.