The Civil Liabilities Of Damages To The Rights Of Health Under The Background Of Environmental Pollution

As the economic develops,the environmental pollution is becoming more and more aggravating,and the damage result is gradually highlighted.Meanwhile,the harm to the right of the citizen health caused by it has become a significant contradiction in the process of development.Due to the motivation of profit,people blindly pursue economic development and ignore the protection of environment which have made serious environmental pollution and ecological damage.In the meantime,they threaten the physical and mental health to citizens.After the damage to health made by the environmental pollution which is severe and difficult to restore,in this regard,the victims feel painful and depressed.Moreover,they may gradually become discontented or even hostile to the society.Under the circumstance,large amount of victims will induce mass incidents,which affect the operation of the society.Throughout our country’s existing legal system,the civil liability system is the important basis of the victim’s relief.Its function is not only to instruct the offenders to account for their behavior and injury to victims,also is the prevention and warning.However,at present there are still many shortcomings and insufficiency of the environmental tort in civil liability system in our country.For example,its applicable scope is not available for every kind of damage situation,at the same time,the regulation of environmental pollution and health damage caused by the civil liability is still not clear,which is difficult to apply in judicial practice.Therefore,under the condition of the existing legal system,we should be based on the reality in our country and make reasonable legal explanation to the existing provisions so that we can solve the problems in the judicial practice and realize their dream of fairness and justice."Rights are guaranteed.Detriment can get relief " is the foundation of human justice.For a long time,civil law has played the most important role in the liability of environmental pollution tort,but this responsibility system is also the weakest section in the victim’s relief.In view of this phenomenon,this paper firstly puts forward two basic concepts of environmental pollution and health right,and expounds the relationship between them on the basis of typed analysis.Figuring out the basic problems and targeting analysis of environmental pollution and health damage situation,which induce the applicable case withfeatures of current civil liability system to solve and confirm the offenders’ liability.At last,this thesis is based on the aspects of legislation and judicial practice,aiming at the limitations of the current laws and regulations then mainly putting forward the proper application way of the civil liability system so as to provide reference and guidance for the judicial practice.