Relief Lawsuit Research For Health Damage Caused By Heavy Metal Pollution

In recent years, the problem of heavy metal pollution damage to human health caused by more and more prominent, became the focus of attention. In the health damage caused by heavy metal pollution cases, due to the serious consequences of the damage, the number of victims or the many other reasons limited ability to provide compensation, equity-related victims can not be effectively protected. However. there is little relief to the victims of the way to take action to safeguard their legal rights What is the cause of this contradiction phenomenon, and how to effectively protect the health of the environment related to the victim’s interests through legal channels, an important issue to be solved urgently.In this paper, the health damage caused by heavy metal pollution lawsuit relief for the study, the integrated use of theoretical analysis, empirical analysis, comparative analysis and other methods, expand discussed from four aspects:The first part of the health damage caused by heavy metal pollution lawsuit relief overview describes the meaning of heavy metal pollution, health damage, compared with other types of contamination with heavy metals and explains the concept of health damage caused by pollution lawsuit relief on this basis, characteristics, meaning, in order to highlights the need for litigation relief.The second part discusses the theoretical and practical basis of heavy metal pollution-related health damage litigation relief, as relevant causation theory, the theory of the right to health, right to relief theory. Reality-based places of heavy metal pollution health damage under the current grim situation to some fresh judicial remedies as a starting point, and then pointed out that litigation remedy obstacles in solving such problems, if it can not be promptly and properly handled, will would be detrimental to the protection of the legitimate rights and interests of victims. The third part focuses on Japan’s public nuisance lawsuit, summed up the advanced experience, such as mobilization of social forces nuisance litigation process, break the " causal relationship " identified bottlenecks, improve the compensation system, etc., for our health damage caused by heavy metal pollution of perfect relief proceedings provide a reference.The fourth part in the above basis, to improve awareness of rights from the correct shape, innovative legal technology, build community resources, such as the three major aspects of litigation related content. Including the right to shape the correct sense of relief, using epidemiological methods identified a causal relationship, the special criteria applicable to seek more professional support and so on.Improve health damage caused by heavy metal pollution lawsuit relief, will bring China to the environment tends to improve victim assistance mechanisms. Relief litigation as a last line of defense to protect the rights should play its effective protection of the legitimate rights and interests related to the effectiveness of the victims, but also improve our environmental liability system is an important indication of social progress and development.