The Study Of Applicable Law On Indoor Decoration Pollution Damage In China

The indoor decoration pollution damage is the damage of people’s life and health causes by indoordecration when people decorate their house in order to improve the use of space. There are many problemsof applicable law on indoor decoration pollution of body damage, which includes: different applicable lawsin judicial practice，difficult to determined the main responsibility, difficult to identified monitoring data,low compensation of material damages in litigation relief, low utility ratio of mental injury compensation.Through the analysis of these problems, we learn about the causes of the problem is: First, there is nospecial provision against indoor decoration pollution in Chinese existing legal norms. We can only look forrelief through some principles in the Civil Law, Contract Law, Tort Liability Law, which can not resolvedisputs pertinently. Sencond, because of diffrent understanding of the theory of liability concurrence, thereare many disputs about the indoor decoration pollution liability is comtract breach liability or tort liability,production tort liability or enciroment tort liability. Third, the victim’s loss can not be fully relief because ofthe strict homogeneous damage compensation principle and the mental damage compensation proofresponsibility. The author have some advices for solving indoor decoration pollution of the environmentproblems: First of all, we should set up the value of human rights, fair value and order valuein on thechoice of applicable law value, maintain the legitimate rights and interests of victims, punish polluters,maintain the social order.Second on the handling of the concurrence of responsibility, we should help thevictims, choose the theory of environmental tort to relief victims first. Finally, improve the relevantlegislation and judicial interpretation of the indoor environment pollution to provide guidance to applicablelaw.There are five sections in this article except the preface and epilogue:In The first part, the author analysis the status quo of the legislation and the administration of justiceof the applicable law on Indoor decoration pollution damage, points out several problems which includes:different applicable laws in judicial practice， difficult to determined the main responsibility, lowcompensation of material damages in litigation relief, low utility ratio of mental injury compensation,difficult to identified monitoring data and so on.Explore the causes of these problems, we can find that ‘First, there is no special provision against indoor decoration pollution in Chinese existing legalnorms.Second,there are many disputs about the confirmation of responsibility.Third, there is limitation inthe principle of homogeneous damage in Chinese current compensation. Last, the provision of mentalinjury compensation in Tort Liability Law is lack of Operability.In The second part, the author analysis the diffrent type of the indoor decoration pollutiondamage,which includes: the default caused personal injury, the product tort caused personal injury and theenvironmental tort caused personal injury. Analysis the damage of default caused personal injury from thenature and types of the indoor decoration contracts. Solve the problem of how to choose the premise ofconcurrent liability from the imputation principle, constitutive requirements, the way of bearing liabilityand the exemptions.In the third part, the author analysis the theory of liability concurrence on the indoor decorationpollution damage. There are three main theory of liability of default and tort:the Concurrence of Articles ofLaw Says, the Concurrence of Claim Specification Says and the Concurrence of Claim Says which includesthe Freie Anspruchskonkurrenz Says and Einwirkende Anspruchskonkurrenz Says. The Concurrence ofClaim Says is accepted by Chinese legislative and judicial offices through the interpretation of the122thclause of the Contract Law of China to ensure the right of choice of victims; meanwhile, forbiden thevictims deal with two claims separately, in order to prevent the abuse of the victim options.In the fourth part, the auhor analysis the path of the applicable law on indoor decoration pollutiondamage. The value pursuit of personal injury including human rights, fair and order value. It is thefoundation of the applicable law to clear the value pursuit of interior decoration pollution damage. It ispremise of the applicable law to select the personal injury caused by environmental, which is good forprotecting the legitimate rights and interests of victims. It is the key of the applicable law to improve theindoor decoration pollution legal norms and judicial interpretations.In the last part, the author puts forward some suggestion of the appicable law on indoor decorationpollution damage. First, improving the legal system of indoor decoration pollution. Clear the indoordecoration should be included in the Environmental Protection Law, formulate unified indoor environmentstandards. Second, exert the function of the Supreme People’s Court, improve the relevant judicialinterpretations, arrange and announce the classical cases of indoor decoration pollution which guide the work of the judgment of the courts at all levels. Thirdly, clear the punitive compensation standard ofindoor environment pollution. Finally, improve the content of mental injury in the Tort Liability Law,enlarge the subjuct range of the mental injury compensation claim, clear the standard of calculate of themental injury compensation.