Study On Compensation Liability For The Latent Damage Of Toxic Substances Tort

With the rapid development of science and technology and the development of risk society,the latent damages for torts of toxic substances is gradually being paid attention to by people,and at the same time,it is also a relief problem for the current tort liability law.In the past,preventive liability for infringement could not solve the existing latent damage problem of the victim,and the traditional after-effect damage compensation was"near-thirsty".The inclusion of latent damages in the category of compensable damages and the establishment of a system of latent damages for torts of toxic substances can effectively solve this relief problem.The jurisprudence and doctrine of latent damages in the United States and Taiwan provide us with experience.Although the latent damage is based on the risk of the illness and there is no clinical symptom,the fact that the victim's health rights have been infringed is reflected in the microscopic situation,such as gene mutation or chromosomal abnormality.Moreover,the fact that this fact has caused adverse consequences for the victim is also reparable to the tort law.Therefore,the construction of the latent damage compensation system can not only highlight the prevention function of the Tort Liability Law,but also truly preserve the health rights and interests of the victims,and thus safeguard the fair and just concept of civil law.