Study On The Legal Issues Of Compensation For Mental Damage Caused By Environmental Noise

As an important part of the environment,acoustic environment,driven by the endogenous power of industrialization and urbanization,has attracted more and more public attention.In the era of "green development",which emphasizes the coordination between economic development and environmental protection,although the relevant departments,relevant groups and citizens of our country have made great efforts to prevent the environmental noise pollution,the progress of pollution prevention is still limited.The phenomenon that citizens,especially urban citizens,are harmed by environmental noise is becoming more and more serious.Environmental noise damage is mainly manifested as spiritual infringement,but the relief level of enviromental noise spiritual infringement can not reach the degree of public expected value for many reasons,especially in the aspect of the money compensation relief.As the most fundamental relief for the public,the remedy of money compensation is most worthy of attention.Therefore,it is necessary to conduct a deep study on the compensation of spiritual infringement made by environmental noise.This article is divided into four parts to discuss the compensation for mental damage caused by environmental noise,besides the parts of introduction and the conclusion.The first part analyzes the premise of the relief for environmental noise damage,which including of the definition,classification and characteristics of environmental noise infringement and environmental noise mental damage.First of all,through the discussion of environmental noise infringement in theory and practice,selecting the finest from vast quantity,this part comprehensively starts in the form and substantive level,redefining the meaning of enviromental noise and mental infringement.Secondly,the environmental noise mental infringement is divided into serious mental infringement,general mental infringement and slight mental infringement.Finally,this part analyzes the characteristics of environmental noise spiritual infringement,such as the usual social tolerance,the subject,the scope influenced and the difficulty of adducing evidence.In a word,this part is the premise of compensation and relief for the environmental noise spiritual infringement,and also has an important impact on its application.The second part discusses the necessity of compensation relief for environmental noise damage.Based on the analysis of the current situation of environmental noise mental infringement,the technical dilemma by the environmental noise mental infringement relief and the impact of public policy on judicial cases.In addition to,the inappropriate choices by the court and the parties will also lead to neglecting the relief of the environmental noise spiritual infringement.Because of the punitive function of the relief of the environmental noise spiritual infringement and the inherent requirement of "there must be remedy in case of infringement",it is necessary to make compensations for the victims harmed by the environmental noise.In the third part,it analyzes several key points of the application of compensation for mental damage caused by environmental noise in detail.First of all,the difficulty of judging the degree of mental infringement is prominent.The current regulations is not only unclear about what is "serious mental damage" and "what extent of mental damage should be compensated",but also its maneuverability is not strong.There are some limitations in judicial practice.For example,there is no relief to the situation that the noise emission is under the standard but disturb the citizen life.Furthermore,it is difficult to judge the degree of mental damage or inclined to influence by the subjective factors.Secondly,the principle of imputation of compensation for environmental noise is not clear in law,result in the appliance of the principle of fault liability in judicial practice.So it is very difficult for the victim to prove the fact of spiritual infringement.Finally,there are many factors caused the unsatisfactory relief for the victims,such as low compensation amount,unclear scope of compensation,and excessive discretion of judges.In the fourth part,it is mainly to make some relevant recommendations for the first three parts.First of all,we should reduce the impact of public policy on judicial cases,increase the possibility of adducing preliminary evidence for the victim instead,and ascertain the cause of the case in combination with the litigation stage and the litigation request flexibly.Also,we should adopt variously reasonable way to strengthen the application of the way of compensation for mental damage.Second,on the one hand,we should expand the interpretation of the Article 22 in "Law of Responsibility on Rights Violation" on "serious mental damage" and "serious consequences" of the Article 8 in “the Supreme people's Court's interpretation of certain issues concerning the determination of liability for compensation for mental damage in civil tort”,refined “the common spiritual damage” as “the serious spiritualdamag”to reconstruct the Article 8 above by stipulating various situation when the request of moral damage relief can be asked in a enumerative and summary way.In order to divide the extent of the mental damage indirectly,solving the problem of when the compensation for moral damage should be made.On the other hand,we ought to apply the new stipulation on the Article 8 in the field of the environmental noise relief by discussing the boundary of the criteria for the national(regional)sound environmental quality.Adjusting the way to judge the extent of the spirit infringement in the legislation and judicial practice through the above provisions.Thirdly,applying the principle of fault liability,the principle of no-fault liability and the principle of fair liability to the compensation for environmental noise spiritual infringement by discussing the boundary of the criteria for the national(regional)sound environmental quality,in order to solve the problem of the liability undertaking and the difficulties of evidence production.Finally,through the overseas experience,referring to the standard of the personal disability classification and the method of calculating disability compensation,dividing the compensation for mental damage into ten levels in the “discretionary and classified”way,carry on the new revision about the situation when the compensaion for mental damage can be made on the Article 8 in “the explanation of the Supreme People's Court on some issues of determining the spirit of tort liability for damages ”.