Tort Liability System Of Indoor Pollution

"Indoor Environment" research within the scope of the law "environment" in ourcountry, indoor environmental pollution is a new kind of pollution generated by a seriesof housing in human behavior in the process of decoration. Based on the particularity ofindoor environmental pollution,its constituent elements,the only establishment of itsinfringing product quality,but also the establishment of environmental infringement.From prove causation,burden of proof,the statute of limitations in terms of the threevictims choose tort liability theories applicable environmental dispute resolution canprovide a stronger legal basis for victims rights.Research on indoor pollution jurisprudence did not focus on tort liability,therelevant legislation for the indoor environment is also very lacking,the main problemsexisting legislative level are:indoor pollution damages for infringement of thelegislative system is not perfect,the lack of punitive damages systemestablishment,indoor environmental standards flawed,lacking social remedies.The studyof the United States,Germany, more perfect in this regard,through the establishment ofits funds,insurance socialization remedies and personal responsibility and socialresponsibility combined experience of these advanced improve our legislation hassignificant reference.Combined with China’s actual conditions,on the basis of theexisting system,put forward some suggestions to improve the indoor environmentpollution of tort liability: improving indoor environmental pollution related tort lawsystem,indoor environmental pollution in punitive damages to establish the principlesand the establishment of indoor environmental pollution liability insurancesystem.Which,on the basis of existing law, modify the"Environmental ProtectionLaw",made in environmental protection law expressly provides that the indoorenvironment,and the development of specialized "environmental damage CompensationAct and improve indoor environmental standards in the"environmental damagecompensation Act"in the indoor pollution tort liability to be provided,so that the victimsuffered after the infringement of indoor environmental pollution,can be based on directlaw requires its lawsuit against the offender liable; through punitive damages system arediscussed,proposals for different subjective mental attitude of punitive damages,whereapplicable,to deliberately subjective psychological directly applicable,apply to grossnegligence,punitive damages conditionally system.Through elaborate,I believe has practical significance for the development of indoor environmental pollution tortliability system in China.We should consider how to better focus on the establishment ofa reasonable relief mechanism in order to achieve fairness and justice,the purpose ofsocial harmony.