Study On Liability For Damage Caused By Workplace Decoration Pollution

In 2018,the formaldehyde content exceeding the standard in the Zi Ruo apartment attracted people’s attention to environmental pollution from outdoor to indoor.The protection of indoor air pollution and the implementation of indoor air pollution responsibility became a hot topic for a while.In addition to "indoor" in the sense of ordinary residential buildings,the workplace is another place closely related to people’s lives.The protection of workplace interior decoration pollution has gradually caused the public’s attention.According to the US Environmental Protection Agency report,the degree of air pollution in offices can be two to five times higher than outdoors,and 800,000 people die each year from office environment pollution,which has an even more inestimable impact on productivity.Victims of workplace decoration pollution,as occupational disease patients under the protection of the Occupational Diseases Prevention Law,can apply for work injury compensation as a relief measure.However,the reality is that workplace decoration pollution infringement lawsuits are frequent,and workers cannot be effectively remedied based on work injury compensation alone.The main reason is that Article 58 of the Occupational Disease Prevention Law stipulates that occupational patients have the right to initiate infringement litigation,and the amount of compensation for infringement litigation is much higher than the compensation for work-related injury insurance.China’s occupational disease prevention system is not mature,and workers face the dilemma of diagnosing occupational diseases.However,in practice,there are inconsistencies in judicial decisions in various regions.Some courts support occupational disease patients to file infringement lawsuits,and some do not.It is only reasonable for occupational disease patients to choose environmental infringement in the litigation of infringement litigation if the rights of occupational disease patients to file civil compensation are guaranteed.Therefore,whether workplace decoration pollution victims can bring environmental pollution infringement lawsuits is a question worthy of discussion.Different relief paths have different requirements for victims’ rights and the amount of compensation.For victims of workplace decoration pollution,general tort lawsuits and work injury insurance are not the most efficient relief methods.The burden of proof in general tort litigation is borne by the injured party,and the injured party usually falls into a higher risk of losing the lawsuit because it cannot prove it.In the work injury insurance system,victims of workplace decoration pollution often need to identify occupational diseases.At present,there are many disadvantages in China’s occupational disease protection system.Difficulties in diagnosis and identification of occupational diseases have become a social consensus,and the compensation for work-related injury insurance is usually lower than that of infringement lawsuits,and it is difficult to cover the entire loss of the victims.Compared with general tort lawsuits and work injury insurance relief,the rules of adjudication for environmental pollution tort lawsuits are more favorable to the victims.The principle of no fault liability and inversion of burden of proof for environmental pollution tort lawsuits relieves victims of the burden of proof on the one hand,reducing the burden of proof,on the other hand,the amount of compensation for civil torts is much higher than the amount of compensation for work injury insurance.Therefore,in the case of incomplete regulations,the application of the rules of environmental pollution infringement to victims of workplace decoration pollution can be effective relief.The research focus of this article is also to demonstrate the rationality and superiority of environmental tort litigation for workplace decoration pollution by comparing environmental tort litigation with general tort and work injury insurance relief methods.Based on this,suggestions for improving the protection of victims of workplace decoration pollution in China’s legislative and judicial levels are put forward.